
Class HP 73 35 
Book.Cq.A^ 



LABOR LAWS 



OF THE 



STATE OF CALIFORNIA 



1917 



STATE OF CALIFORNIA 



BUREAU OF LABOR STATISTICS 

948 Market Street 
SAN FRANCISCO 



Labor Laws of California 



COMPILED BY 

JOHN P. McLAUGHLIN, Commissioner 




CALIFORNIA STATE PRINTING OFFICE 

SACRAMENTO 

1917 






D. of D. 
NOV 21 1917 



FOREWORD. 

This compilation of labor laws includes the legislation passed at 
the 1917 session of the legislature. 

The plan followed in presenting these laws is the same as in 
former editions, that is, laws passed up to and including the session 
of 1915 are given with code designations as taken from the Deering 
Codes 1915, together with subsequent changes and amendments. 

The laws passed since 1915 are given with chapter numbers 
under the year in which they were enacted. 

Digests are presented for laws relating to apprenticeships, 
mechanics' liens and convict labor, and the more important decisions 
on labor laws are printed in full. 

. t ohn p. Mclaughlin, 

Commissioner. 



TABLE OF CONTENTS. 

LABOR LAWS OF CALIFORNIA. Paqe 

Constitution 7 

Political Code 9 

Civil Code 15 

Code of Civil Procedure 27 

Penal Code 29 

General Laws 42 

Statutes of 1917 (not codified) 205 

Digests 220 

Decisions 224 

INDEX 263 



CONSTITUTION. 



ARTICLE 19 
Employment of Chinese — Coolie labor. 

Sec. 3. No Chinese shall be employed on any state, Employ- 
county, municipal, or other public work, except in punish- m ^ lic on 
ment for crime. works. 

Sec. 4. The presence of foreigners ineligible to become 
citizens of the United States is declared to be dangerous to 
the well-being of the state, and the legislature shall dis- 
courage their immigration by all means within its power. Coolie- 
Asiatic coolieism is a form of human slavery, and is forever j^P 1 "?* 
prohibited in this state, and all contracts for coolie labor 
shall be void. All companies or corporations, whether formed 
in this country or any foreign country, for the importation 
of such labor, shall be subject to such penalties as the legis- 
lature may prescribe. The legislature shall delegate all neces- Author- 
sary power to the incorporated cities and towns of this state ^. of 
for the removal of Chinese without the limits of such cities and 
and towns, or for their location within prescribed portions towns. 
of those limits, and it shall also provide the necessary legis- 
lation to prohibit the introduction into this state of Chinese 
after the adoption of this constitution. This section shall be 
enforced by appropriate legislation. 

ARTICLE 20. 
Hours of labor on public works. 

Sec. 17. The time of service of all laborers or workmen Eight 
or mechanics employed upon any public works of the State J ^ 
of California, or of any county, city and county, city, town, work, 
district, township, or any other political subdivision thereof, 
whether said work is done by contract or otherwise, shall be 
limited and restricted to eight hours in any one calendar day, Excep- 
except in cases of extraordinary emergency caused by fire, tion * 
flood, or danger to life and property, or except to work upon 
public, military, or naval works or defenses in time of war, 
and the legislature shall provide by law that a stipulation to 



mum 

wage, 



BUREAU OF LABOR STATISTICS. 

this effect shall be incorporated in all contracts for public 
works and prescribe proper penalties for the speedy and 
efficient enforcement of said law. 
Mini- Sec. 17^. The legislature may, by appropriate legislation, 

provide for the establishment of a minimum wage for women 
and minors and may provide for the comfort, health, safety 
and general welfare of any and all employees. No pro- 
vision of this constitution shall be construed as a limitation 
upon the authority of the legislature to confer upon any 
commission now or hereafter created such power and author- 
ity as the legislature may deem requisite to carry out the 
provisions of this section. [Adopted at general election, 
Nov. 3, 1914.] 

Sex no disqualification for employment. 

Sex not Sec. 18. No person shall, on account of sex, be disquali- 
abar. -g e( j f rom entering upon or pursuing any lawful business, 
vocation, or profession. 



DEERING'S CODES-1915. 

WITH AMENDMENTS AND ADDITIONS UP TO AND INCLUD- 
ING SESSION OF 1917. 



POLITICAL CODE. 

Rates of wages of employees of state printing office. 

Sec. 531. [As amended, Stats. 1915, chap. 671.] ThePrevail- 
duties of the superintendent of state printing shall be as f ol- JJJ g w r a at g S s 
lows: * * * He shall employ such compositors, press- the 
men, and assistants as the exigency of the work from time to limit * 
time requires^ and may at any time discharge such employees ; 
provided, that at no time shall he pay said compositors, book- 
binders, pressmen or assistants a lower rate of wages than 
the average wage paid by those employing such mechanics in 
Sacramento, San Francisco, Oakland and Los Angeles for 
like work. He shall at no time employ more compositors, 
bookbinders, pressmen or assistants than the absolute neces- 
sities of the state printing may demand, and he shall not 
permit any other than state work to be done in the state 
printing office. * * * [Enacted March 12, 1S72.] 

Time to vote to be allowed employees. 

Sec. 1212. Any person entitled to vote at a general elec-Two 
tion held within this state shall, on the day of such election,** "™ 
be entitled to absent himself from any service or employment allowed, 
in which he is then engaged or employed for the period of 
two consecutive hours, between the time of opening and the 
time of closing the polls ; and such voter shall not, because of 
so absenting himself, be liable to any penalty, nor shall any 
deduction be made on account of such absence from his usual 
salary or wages. [Enacted March 12, 1872.] 

Laborers on San Francisco water front. 

Sec. 2545. * * * No person not a citizen of the United Citizens 
States shall be employed either as a contractor or laborer on. pre " 
any work done under this article [relating to San Francisco 



10 BUREAU OF LABOR STATISTICS. 

Eight- harbor]. And eight hours shall constitute a legal day's work, 
d ™ r whether performed directly for the state or for the person or 

persons receiving a contract under this article. [Enacted 

March 12, 1872.] 

Liability of employers for road tax of employees. 

Em- Sec. 2671. Corporations, or other employers of persons in 

ployers anv roa d district subject to road tax, are chargeable for road 

ablef 6 " P o11 tax assessed against their employees to the extent of any 

credit in their hands not exceeding such tax ; provided, the 

Proviso, road overseer shall first give notice to such employer, or the 

managing agent of such corporation, and from the time of 

such notice, the amount of any credit in his hands, or that 

shall thereafter accrue sufficient to satisfy said tax, shall be 

paid to the road tax collector, whose receipt shall be evidence 

in bar of the prosecution of any action by the employee 

against the principal for the recovery of the same. [Enacted, 

Stats. 1883, p. 12.] 

Transportation of employees — Ferries, etc. 

Toll Sec. 2853 (as amended by chapter 371, acts of 1913). 

m$ ges No toll bridge or ferry must be established within one mile 
ferries, immediately above or below a regularly established ferry or 
toll bridge, unless the situation of a town or village, the 
crossing of a public highway, or the intersection of some 
creek or ravine renders it necessary for public convenience; 
provided, however, that notwithstanding the grant or exist- 
ence of such ferry franchise any employer may transport his 
or its own employees to and from their places of labor by 
means of boats owned or operated by such employers ; and 
similarly all or any number less than all of the employees 
of the same employer may co-operatively or otherwise trans- 
port themselves to and from their places of labor in boats 
owned or operated in severalty or in common by them. But 
such transportation whether such boats be operated by the 
employer or the employees shall not be conducted for profit. 



Employment of intemperate drivers on public convey- 
ances. 

Employ- Sec. 2932. No person must employ to drive any vehicle 
ment for the conveyance of passengers upon any public highway, 
bidden. a P ers o n addicted to drunkenness, under penalty of five 



LABOR LAWS — POLITICAL CODE. 11 

dollars for every day such person is in his employment. [En- 
acted March 12, 1872.] 

Sec. 2933. If any driver, whilst actually employed inDis- 
driving any such vehicle, is intoxicated to such a degree asj e ^ ed 
tc endanger the safety of his passengers, the owner on receiv- 
ing from any such passenger a written notice of the fact, 
verified by his oath, must forthwith discharge such driver; 
and if he has such driver in his service within six months 
after such notice, he incurs a like penalty. [Enacted March 
12, 1872.] 

Trade-marks of trade unions. 

Sec. 3200. Any trade union, labor association, or labor 
organization, organized and existing in this state, whether 
incorporated or not, may adopt and use a trade-mark and 
affix the same to any goods made, produced or manufactured 
by the members of such trade union, labor association, or 
labor organization, or to the box, cask, case, or package con- 
taining such goods, and may record such trade-mark by 
filing or causing to be filed with the secretary of state its 
claim to the same, and a copy or description of such trade- 
mark, with the affidavit of the president of such trade union, 
labor association, or labor organization, certified to by any 
officer authorized to take acknowledgment of conveyances, 
setting forth that the trade union, labor association, or labor 
organization, of which he is the president is the exclusive 
owner, or agent of the owner, of such trade-mark ; and all the 
provisions of article three, chapter seven, title seven, part 
three, of the Political Code, are hereby made applicable to 
such trade-mark. [Enacted, Stats. 1887, p. 167.] 

Sec. 3201. The president or other presiding officer of any 
trade union, labor association, or labor organization, organ- 
ized and existing in this state, which shall have complied 
with the provisions of the preceding section, is hereby author- 
ized and empowered to commence and prosecute in his own 
name any action or proceedings he may deem necessary for 
the protection of any trade-mark adopted or in use under the 
provisions of the preceding section, or for the protection or 
enforcement of any rights or powers which may accrue to 
such trade union, labor association, or labor organization by 
the use or adoption of such trade-mark. [Enacted, Stats. 
1887, p. 168.] 



12 BUEEAU OF LABOR STATISTICS. 

Contract work on public buildings prohibited. 

Work to Sec. 3233. All work done upon the public buildings of this 

bv day's s t&te must De done under the supervision of a superintendent, 

labor. or state officer or officers having charge of the work, and all 

labor employed on such buildings, whether skilled or unskilled, 

must be employed by the day, and no work upon any of such 

buildings must be done by contract. [Enacted March 12, 

1872.] 

Products of Chinese labor not to be bought by state 
officials. 
Public Sec. 3235. No supplies of any kind or character, "for the 
no? P to eS Dene fit °f the state, or to be paid for by any moneys appro- 
be prod- priated or to be appropriated by the state," manufactured or 
Chinese & TOwn m this state, which are in whole or in part the product 
labor. of Mongolian labor, shall be purchased by the officials for 
the state having the control of any public institution under 
the control of the state, or of any county, city and county, 
city, or town thereof. [Stats. 1887, p. 171.] 

Hours of labor. 
Eight Sec. 3244. Eight hours of labor constitutes a day's work, 

aday's un * ess ^ is otherwise expressly stipulated by the parties to a 
work, contract, except those contracts within the provisions of see- 
when, tions three thousand two hundred and forty-six, three thou- 
sand two hundred and forty-seven, and three thousand two 
hundred and forty-eight of this code. [Enacted March 12, 
1872.] 
Street Sec. 3246. Twelve hours' labor constitutes a day's work 

railways. Qn ^ e par t of drivers and conductors, and gripmen of street 
cars for the carriage of passengers. Any contract for a 
greater number of hours' labor in one day shall be and is 
void, at the option of the employee, without regard to the 
terms of employment, whether the same be by the hour, day, 
week, month, or any other period of time, or by or according 
to the trip or trips that the car may, might, or can make 
between the termini of the route, or any less distance thereof. 
Any and every person laboring over twelve hours in one day 
as driver, or conductor, or gripman, on any street railroad, 
shall receive from his employer thirty cents for each hour's 
labor over twelve hours in each day. [Stats. 1887, p. 101.] 



LABOE LAWS — POLITICAL CODE. 13 

Sec. 3247. In actions to recover the value or price of Actions 
labor under section three thousand two hundred and forty- 



six of this code, the plaintiff may include in one action his 
claim for the number of days, and the number of hours' work 
over twelve hours in each day, performed by him for the 
defendant, and the court shall exclude all evidence of agree- 
ment to labor over twelve hours in one day for a less price Recovery 
than thirty cents, and the court shall exclude any receipt of t °™ ver ~ 
payment for hours of labor over twelve hours in one day, 
unless it be established that at least thirty cents for each Rate of 
hour of labor over twelve hours in one day has been actually 
paid, and a partial payment shall not be deemed or consid- 
ered a payment in full. [Stats. 1897, p. 208.] 

Sec. 3249. The provisions of section three thousand twoApplica- 
hundred and forty-seven * * * of this code are appli-^™ 
cable to every contract to labor made by the persons named in 
section three thousand two hundred and forty-six. [Stats. 
1887, p. 102.] 

Sec. 3250. No person shall be employed -as conductor, or Street 
driver, or gripman, on any street railroad, for more than r ways * 
twelve hours in one day, except as in this act provided, and 
any corporation, or company, or owner, or agent, or superin- 
tendent, who knowingly employs any person in such capacity Penalty, 
for more than twelve hours in one day, in violation of the 
terms of this act, shall forfeit the sum of fifty dollars as a 
penalty for such offense, to the use of the person prosecuting 
any action therefor, and any number of forfeits may be 
prosecuted in one action. [Stats. 1887, p. 102.] 

Goods, etc., produced within the state to be preferred for 
public use. 
Sec. 3247 (added by chapter 149, acts of 1897).* AnyPrefer- 
person, committee, board, officer, or any other person charged domestic 
with the purchase, or permitted or authorized to purchase products, 
supplies, goods, wares, merchandise, manufactures or produce, 
for the use of the state, or any of its institutions or officers, 
or for the use of any county or consolidated city and county, 



♦This is a duplicate use of this section number, but is in 
accordance with the provisions of the chapter named. 



14 BUREAU OF LABOR STATISTICS. 

or city, or town, shall always, price, fitness and quality equal, 
prefer such supplies, goods, wares, merchandise, manufac- 
tures or produce as has been grown, manufactured, or pro- 
duced in this state, and shall next prefer such as have been 
partially so manufactured, grown, or produced in this state. 
[Stats. 1897, p. 208.] 



LABOR LAWS — CIVIL CODE. 



15 



CIVIL CODE. 

Rights of employers— Injuries to employees. Injuries 

Sec. 49. The rights of personal relation forbid: for J . 

******* bidden. 

4. Any injury to a servant which affects his ability to 

serve his master. [Enacted March 12, 1872.] 

Earnings of minors. 

Sec. 212. The wages of a minor employed in service may Payment 
be paid to him until the parent or guardian entitled thereto ^^ 
gives the employer notice that he claims such wages. [En- 
acted March 12, 1872.] 

Assignment of wages. 

Sec. 955 (added by chap. 287, Stats. 1913). No assign- 
ment of, or order for wages or salary shall be valid unless 
made in writing by the person by whom the said wages or 
salary are earned and no assignment of, or order for, wages 
or salary made by a married person shall be valid unless the 
written consent of the husband or wife of the person making Assign- 
such assignment or order is attached to such assignment or^^ 
order ; and no assignment or order for wages or salary of a 
minor shall be valid unless the written consent of a parent 
or the guardian of such minor is attached to such order or 
assignment. No assignment of, or order for, wages or salary 
shall be valid unless at the time of the making thereof, such 
wages or salary have been earned, except for the necessities 
of life and then only to the person or persons furnishing such 
necessities of life directly and then only for the amount needed 
to furnish such necessities. Any power of attorney to assign 
or collect wages or salary shall be revokable at any time by 
the maker thereof. 

Employment of labor — General provisions. 

Sec. 1965. The contract of employment is a contract byDeflni- 
which one, who is called the employer, engages another, who tion# 
is called the employee, to do something for the benefit of the 
employer, or of a third person. [Enacted March 21, 1872.] 



16 BUREAU OF LABOR STATISTICS. 

Losses Sec. 1969. An employer must indemnify his employee 

in d^. except as prescribed in the next section, for all that he neces- 

charge sarily expends or loses in direct consequence of the discharge 

u y * of his duties as such, or of his obedience to the directions of 

the employer, even though unlawful, unless the employee, at 

the time of obeying such directions, believed them to be 

unlawful. [Enacted March 21, 1872.] 

risks™ 17 * SeC * 197 ° * as amended b y chapter 97, acts of 1907). An 
employer is not bound to indemnify his employee for losses 
suffered by the latter in consequence of the ordinary risks of 
the business in which he is employed, nor in consequence of 
the negligence of another person empfoyed by the same 
employer in the same general business, unless the negligence 
causing the injury was committed in the performance of a 
duty the employer owes by law to the employee, or unless the 
Superior employer has neglected to use ordinary care in the selection 
of the culpable employee ; provided, nevertheless, that the em- 
ployer shall be liable for such injury when the same results 
from the wrongful act, neglect or default of any agent or 
officer of such employer, superior to the employee injured, or 
Other of a person employed by such employer having the right to 
ments contro1 or direct the services of such employee injured, and 
etc. also when such injury results from the wrongful act, neglect 
or default of a co-employee engaged in another department of 
labor from that of the employee injured, or employed upon a 
machine, railroad train, switch signal point, locomotive 
engine, or other appliance than that upon which the employee 
[who] is injured is employed, or who is charged with dis- 
patching trains, or transmitting telegraphic or telephonic 
orders upon any railroad, or in the operation of any mine, 
factory, machine shop, or other industrial establishment. 
Knowl- Knowledge by an employee injured of the defective or 
e ge " unsafe character or condition of any machinery, ways, ap- 
pliances or structures of such employer shall not be a bar 
to the recovery for any injury or death caused thereby, unless 
it shall also appear that such employee fully understood, 
comprehended and appreciated the dangers incident to the 
use of such defective machinery, ways, appliances or struc- 
tures, and thereafter consented to use the same, or continued 
in the use thereof. 



*See General Laws No. 2144a. 



LABOR LAWS — CIVIL CODE. 17 

When death, whether instantaneous or otherwise, results Injuries 
from an injury to an employee received as aforesaid, the per- ^athl g 
sonal representative of such employee shall have a right of 
action therefor against such employer, and may recover dam- 
ages in respect thereof, for and on behalf, and for the benefit 
of the widow, children, dependent parents, and dependent 
brothers and sisters, in order of precedence as herein stated, 
but no more than one action shall be brought for such 
recovery. 

Any contract or agreement, express or implied, made by Waivers. 
any such employee to waive the benefits of this section, or 
any part thereof, shall be null and void, and this section shall 
not be construed to deprive any such employee or his personal 
representative, of any right or remedy to which he is now 
entitled under the laws of this state. 

The rules and principles of law as to contributory negli-Con- 
gence which apply to other cases shall apply to cases arising ngijf* 017 
under this section, except in so far as the same are herein gence. 
modified or changed. [Enacted March 21, 1S72.] 

Sec. 1971. An employer must in all cases indemnify his Want 

employees for losses caused by the former's want of ordinary of care - 

care. [Enacted March 21, 1872.] 

The retention of a foreman after knowledge of his incom- 
petency is negligence, and the employer is liable for injuries 
resulting from such foreman's negligent acts: 47 Pac. Rep. 
773. 

Sec. 1975. One who, without consideration, undertakes to Service 

do a service for another, is not bound to perform the same,^ 10 ?"* 

. _ _ „ . . _ * _ ' consid- 

but it he actually enters upon its performance, he must use eration. 

at least slight care and diligence therein. [Enacted March 

21, 1872.] 

Sec. 1976. One who, by his own special request, induces Re . 
another to instruct him with the performance of a service, quested 
must perform the same fully. In other cases, one who under- J^mt° y " 
takes a gratuitous service may relinquish it any time. [En- 
acted March 21, 1872.] 

Sec. 1977. A gratuitous employee, who accepts a written Gratui- 
power of attorney, must act under it so long as it remains in tous at- 
force, or until he gives notice to his employer that he will oraey * 
not do so. [Enacted March 21, 1872.] 

2—32683 



18 BUREAU OF LABOR STATISTICS. 

Em- Sec. 1978. One who, for a good consideration, agrees to 

forwm- serve another, must perform the service, and must use ordi- 
sidera- nary care and diligence therein, so long as he is thus em- 
tion - ployed. [Enacted March 21, 1872.] 

Inter- Sec. 1979. One who is employed at his own request to do 

voiun- tnat wnicn * s more for his own advantage than for that of his 
teer. employer, must use great care and diligence therein to pro- 
tect the interest of the latter. [Enacted March 21, 1872.] 
Dura- Sec. 1980. A contract to render personal service, other 

tion of than a contract of apprenticeship, as provided in the chapter 
tract. on master and servant, can not be enforced against the 
employee beyond the term of two years from the commence- 
ment of service under it ; but if the employee voluntarily 
continues his service under it beyond that time, the contract 
may be referred to as affording a presumptive measure of 
the compensation. [Enacted March 21, 1872.] 
Direc- Sec. 1981. An employee must substantially comply with 

all the directions of his employer concerning the service on 
which he is engaged, except where such obedience is impos- 
sible or unlawful, or would impose new and unreasonable 
burdens upon the employee. [Enacted March 21, 1872.] 
Usage. Sec. 1982. An employee must perform his service in con- 

formity to the usage of the place of performance, unless 
otherwise directed by his employer, or unless it is imprac- 
ticable, or manifestly injurious to his employer to do so. 
[Enacted March 21, 1872.] 
Degree Sec. 1983. An employee is bound to exercise a reasonable 
of skill, (jegx-ee f skill, unless his employer has notice, before employ- 
ing him, of his want of skill. [Enacted March 21, 1872.] 
Same Sec. 1984. An employee is always bound to use such skill 

su 3ec ' as he possesses, so far as the same is required, for the service 
specified. [Enacted March 21, 1872.] 

The employee may employ others to do the work where his 
personal attention is not contracted for: 24 Cal. 308. 

Acquisi- s EC . 1985. Everything which an employee acquires by 

virtue of virtue of his employment, except the compensation, if any, 

employ- which is due to him from his employer, belongs to the latter, 

men * whether acquired lawfully or unlawfully, or during or after 

the expiration of the term of his employment. [Enacted 

March 21, 1872.] 



LABOR LAWS — CIVIL CODE. 19 

Sec. 1986. An employee must, on demand, render to his Render- 
employer just accounts of all his transactions in the course accounts 
of his service, as often as may be reasonable, and must, with- 
out demand, give prompt notice to his employer of everything 
which he receives for his account. [Enacted March 21, 1872.] 

Sec. 19S7. An employee who receives anything on account Delivery 
of his employer, in any capacity other than that of a mere° tc g0 ° s ' 
servant, is not bound to deliver it to him until demanded, received. 
and is not at iiberty to send it to him from a distance, with- 
out demand, in any mode involving greater risk than its re- 
tention by the employee himself. [Enacted March 21, 1872.] 

Sec. 19S8. An employee who has any business to transact Priority 
on his own account, similar to that intrusted to him by his°j*™' s 
employer, must alwaj^s give the latter the preference. [En- business, 
acted March 21, 1872.] 

Sec. 1989. An employee who is expressly authorized to Employ- 
employ a substitute is liable to his principal only for want of ^^ 
ordinary care in his selection. The substitute is directly stitute. 
responsible to the principal. [Enacted March 21, 1S72.] 

Sec. 1990. An employee who is guilty of a culpable degree Ncgli- 
of negligence is liable to his employer for the damage thereby gence - 
caused to the latter ; and the employer is liable to him, if 
the service is not gratuitous, for the value of such services 
only as are properly rendered. [Enacted March 21, 1S72.] 

Sec. 1991. When service is to be rendered by two or more Duty of 
persons jointly, and one of them dies, the survivor must act ^ ^- °f 
alone, if the service to be rendered is such as he can rightly servants, 
perform without the aid of the deceased person, but not 
otherwise. [Enacted March 21, 1872.] 

Sec. 1996. (As amended by chapter 157, acts of 1901.) ^(P" 
Every employment in which the power of the employee is of 
not coupled with an interest in its subject is terminated by emp | oy " 
notice to him of : 

1. The death of the employer ; or, 

2. His legal incapacity to contract. 

The parties to a contract of employment may, however, in 
writing, provide that it shall, notwithstanding the death of 
the employer, continue obligatory for and against his heirs 
and personal representatives, provided their liability shall be 
restricted to property received from and under him. [En- 
acted March 21, 1872.] 



20 BUREAU OF LABOR STATISTICS. 

Same Sec. 1997. Every employment is terminated : 

subjec . ^ jg y ^q expiration of its appointed term ; 

2. By the extinction of its subject ; 

3. By the death of the employee ; or, 

4. By his legal incapacity to act as such. [Enacted March 
21, 1872.] 

Service Sec. 1998. An employee, unless the term of his service has 
*J ft( * expired, or unless he has a right to discontinue it at any 
of em- time without notice, must continue his service after notice of 
ployer. the death or incapacity of his employer, so far as is neces- 
sary to protect from serious injury the interests of the 
employer's successor in interest, until a reasonable time after 
notice of the facts has been communicated to such successor. 
The successor must compensate the employee for such service 
according to the terms of the contract of employment. [En- 
acted March 21, 1872.] 
Termina- Sec. 1999. (As amended, Stats. 1915, chap. 433.) An em- 
employ- Pl°y men t, having no specified term, may be terminated at 
ment. the will of either party, on notice to the other. Employ- 
ment for a specified term shall mean an employment for a 
period greater than one month. 

Sec. 2000. (As amended, Stats. 1915, chap. 433.) An em- 
ployment, for a specified term, may be terminated at any 
time by the employer, in case of any wilful breach of duty 
by the employee in the course of his employment, or in case of 
his habitual neglect of his duty or continued incapacity to 
perform it. 

Sec. 2001. (As amended, Stats. 1915, chap. 433.) An em- 
ployment, for a specified term, may be terminated by the 
employee at any time, in case of any wilful or permanent 
breach of the obligations of his employer to him as an em- 
ployee. 
Compen- Sec. 2002. (As amended, Stats. 1915, chap. 433.) An em- 
sation. pioyee who is not employed for a specified term, dismissed by 
his employer, is entitled to compensation for services ren- 
dered up to the time of such dismissal. 

Sec. 2003. (As amended, Stats. 1915, chap. 433.) An em- 
ployee who is not employed for a specified term and who 
quits the service of his employer, is entitled to compensation 
for services rendered up to the time of such quitting. 



LABOR LAWS — CIVIL CODE. 21 

Master and servant. 

Sec. 2009. A servant is one who is employed to render Servant 
personal service to his employer, otherwise than in the pur- e e 
suit of an independent calling, and who in such service 
remains entirely under the control and direction of the latter, 
who is called his master. [Enacted March 21, 1872.] 

Sec. 2010. A servant is presumed to have been hired for Term of 
such length of time as the parties adopt for the estimation of ^ t ° y " 
wages. A hiring at a yearly rate is presumed to be for one 
year ; a hiring at a daily rate, for one day ; a hiring by piece- 
work, for no specified term. [Enacted March 21, 1872.] 

Sec. 2011. In the absence, of any agreement or custom asPre- 
to the term of service, the time of payment, or the rate or^™^" 
value of wages, a servant is presumed to be hired by the 
month, at a monthly rate of reasonable wages, to be paid 
when the service is performed. [Enacted March 21, 1872.] 

Sec. 2012. Where, after the expiration of an agreement Renewal 
respecting the wages and the term of service, the parties con- tinuance. 
tinue the relation of master and servant, they are presumed 
to have renewed the agreement for the same wages and term 
of service. [Enacted March 21, 1872.] 

Sec. 2013. The entire time of a domestic servant belongs Time 
to the master; and the time of other servants to such a Q ^ e(J 
extent as is usual in the business in which they serve, not by em- 
exceeding in any case ten hours in the day. [Enacted March ployer. 
21, 1872.] 

All the services rendered by one who receives a regular 
salary, if of the same nature as his regular duties, are pre- 
sumed to be paid for by the salary: 9 Cal. 198. 

Sec. 2014. A servant must deliver to his master, as soon Delivery 
as with reasonable diligence he can find him, everything that°g ods 
he receives for his account, without demand ; but he is not etc., ' 
bound, without orders from his master, to send anything to recei * 
him through another person. [Enacted March 21, 1872.] 

Sec. 2015. A master may discharge any servant, other Em- 
than an apprentice, whether engaged for a fixed term or not : m ay e <ji S - 

1. If he is guilty of misconduct in the course of his service, charge, 
or of gross immorality, though unconnected with the same ; when * 
or, 

2. If, being employed about the person of the master, or in 
a confidential position, the master discovers that he has been 



22 BUREAU OF LABOR STATISTICS. 

guilty of misconduct, before or after the commencement of 
his service, of such a nature that, if the master had known 
or contemplated it, he would not have so employed him. 
[Enacted March 21, 1872.] 

Seamen. 

Sec. 2049. All persons employed in the navigation of a 
ship, or upon a voyage, other than the master and mate, are 
to be deemed seamen within the provisions of this code. 
[Enacted March 21, 1872.] 

Sec. 2050. The mate and seamen of a ship are engaged by 
the master, and may be discharged by him at any period of 
the voyage, for wilful and persistent disobedience or gross 
disqualification, but can not otherwise be discharged before 
the termination of the voyage. [Enacted March 21, 1872.] 

Sec. 2051. A mate or seaman is not bound to go to sea in 
a ship that is not seaworthy ; and if there is reasonable doubt 
of its seaworthiness, he may refuse to proceed until a proper 
survey has been had. 

Sec. 2052. A seaman can not, by reason of any agreement, 
be deprived of his lien upon a ship, or of any remedy for the 
recovery of his wages to which he would otherwise have been 
entitled. Any stipulation by which he consents to abandon 
his right of wages in case of loss of the ship, or to abandon 
any right he may have or obtain in the nature of salvage is 
void. [Enacted March 21, 1872.] 

Sec. 2053. No special agreement entered into by a seaman 
can impair any of his rights, or add to any of his obliga- 
tions, as defined by law, unless he fully understands the effect 
of the agreement, and receives a fair compensation therefor. 
[Enacted March 21, 1872.] 

Sec. 2054. Except as hereinafter provided, the wages of 
seamen are due when, and so far only as, freightage is earned, 
unless the loss of freightage is owing to the fault of the 
owner or master. [Enacted March 21, 1872.] 

Sec. 2055. The right of mate or seamen to wages and 
provisions begins either from the time he begins work, or 
from the time specified in the agreement for his beginning 
work, or from his presence on board, whichever first happens. 
[Enacted March 21, 1872.] 






LABOR LAWS — CIVIL CODE. 23 

Sec. 2056. Where a voyage is broken up before depar- 
ture of a ship, the seamen must be paid for the time they 
have served, and may retain for "their indemnity such ad- 
vances as they have received. [Enacted March 21, 1872.] 

Sec. 2057. When a mate or seaman is wrongfully dis- 
charged, or is driven to leave the ship by the cruelty of the 
master on the voyage, it is then ended with respect to him, 
and he may thereupon recover his full wages. [Enacted 
March 21, 1872.] 

Sec. 2058. In case of loss or wreck of the ship, a seaman 
is entitled to his wages up to the time of the loss or wreck 
whether freightage has been earned or not, if he exerts him- 
self to the utmost to save the ship, cargo and stores. [En- 
acted March 21, 1872.] 

Sec. 2059. A certificate from the master or chief surviv- 
ing officer of a ship, to the effect that a seaman exerted 
himself to the utmost to save the ship, cargo and stores, is 
presumptive evidence of the fact. [Enacted March 21, 1872.] 

Sec. 2060. Wliere a mate or seaman is prevented from 
rendering service by illness or injury, incurred without his 
fault, in the discharge of his duty on the voyage, or by being 
wrongfully discharged, or by a capture of the ship, he is 
entitled to wages notwithstanding ; but in case of a capture, 
a ratable deduction for salvage is to be made. [Enacted 
March 21, 1872.] 

Sec. 2061. If a mate or seaman becomes sick or disabled 
during the voyage without his fault, the expense of furnish- 
ing him with suitable medical advice, medicine, attendance, 
and other provision for his wants, must be borne by the ship 
till the close of the voyage. [Enacted March 21, 1872.] 

Sec. 2062. If a mate or seaman dies during the voyage, 
his personal representatives are entitled to his wages to the 
time of his death, if he would have been entitled to them 
had he lived to the end of the voyage. [Enacted March 21, 
1872.] 

Sec. 2063. Desertion of the ship, without cause, or a 
justifiable discharge by the master during the voyage, for 
misconduct, or a theft of any part of the cargo or appurte- 
nances of the ship, or a wilful injury thereto or to the ship, 
forfeits all wages due for the voyage to a mate or seaman 
thus in fault. [Enacted March 21, 1S72.] 



24 BUREAU OF LABOR STATISTICS. 

Sec. 2064. A mate or seaman may not, under any pretext, 
ship goods on his own account without permission from the 
master. [Enacted March 21, 1872.] 

Volunteer service — Compensation for. 

Volun- Sec. 2078. One who officiously, and without consent of 
teer . the real or apparent owner of a thing, takes it into his pos- 
session for the purpose of rendering a service about it, must 
complete such service, and use ordinary care, diligence, and 
reasonable skill about the same. He is not entitled to any 
Compen- compensation for his service or expenses, except that he may 
deduct actual and necessary expenses incurred by him about 
such service from any profits which his service has caused 
the thing to acquire for its owner, and must account to the 
owner for the residue. [Enacted March 21, 1872.] 

Enforcement of contracts. 
Labor g EC# 3390. The following obligations can not be specifi- 

COn " 11 £ -1 

tracts, cally enforced : 

1. An obligation to render personal service ; 

2. An obligation to employ another in personal service ; 

******* 

[Enacted March 21, 1872.] 



LABOR LAWS — CIVIL CODE — APPENDIX. 25 

CIVIL CODE-APPENDIX. 

(Page 967; Stats. 1901, page 75.) 

Time for meals to be allowed employees in lumber mills, 
etc. 

Section 1. Every person, corporation, copartnership, or One 
company operating a sawmill, shakemill, shingle-mill, or log- noon 
ging camp, in the State of California, shall allow to his or to be 
its employees, workmen, and laborers a period of not less 
than one hour at noon for the midday meal. 

Sec. 2. Any person, corporation, copartnership, or com- Penalty, 
pany, his or its agents, servants, or managers, violating any 
of the provisions of this act shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punished by a fine of 
not more than two hundred dollars nor less than one hundred 
dollars for each violation of the provisions of this act. 
(Page 967; Stats. 1871-72, page 413.) 

Mine regulations — Quartz mines. 

Section 1. It shall not be lawful for any corporation, Escape 
association, owner, or owners of any quartz-mining claims 
within the State of California, where such corporation, asso- 
ciation, owner, or owners employ twelve men daily, to sink 
down into such mine or mines any perpendicular shaft or 
incline beyond a depth from the surface of three hundred feet 
without providing a second mode of egress from such mine, 
by shaft or tunnel, to connect with the main shaft at a depth 
of not less than one hundred feet from the surface. 

Sec. 2. It shall be the duty of each corporation, associa-Same 
tion, owner or owners of any quartz mine or mines in this SUD J ect - 
state, where it becomes necessary to work such mines beyond 
the depth of three hundred feet, and where the number of 
men employed therein daily shall be twelve or more, to pro- 
ceed to sink another shaft or construct a tunnel so as to 
connect with the main working shaft of such mine as a mode 
of escape from underground accident or otherwise. And all 
corporations, associations, owner, or owners of mines as 
aforesaid, working at a greater depth than three hundred 



26 BUREAU OF LABOR STATISTICS. 

feet, not having any other mode of egress than from the 
main shaft, shall proceed as herein provided. 
Lia- Sec. 3. When any corporation, association, owner, or 

bility owners of any quartz mine in this state, shall fail to provide 
lation. f° r the proper egress as herein contemplated, and where any 
accident shall occur, or any miner working therein shall be 
hurt or injured and from such injury might have escaped if 
the second mode of egress had existed, such corporation, 
association, owner, or owners of the mine where the injuries 
shall have occurred shall be liable to person injured in all 
damages that may accrue by reason thereof ; and an action 
at law in a court of competent jurisdiction may be main- 
tained against the owner or owners of such mine, which 
owners shall be jointly or severally liable for such damages. 
And where death shall ensue from injuries received from any 
negligence on the part of the owners thereof by reason of 
their failure to comply with any of the provisions of this act, 
the heirs or relatives surviving the deceased may commence 
an action for the recovery of such damages. * * *. 



LABOR LAWS — CODE OF CIVIL PROCEDURE. 27 

CODE OF CIVIL PROCEDURE. 

Exemption of wages from execution. 

Sec. 690. (As amended by chapter 479, acts of 1907.) The Exernp _ 
following property is exempt from execution or attachment, tions. 
except as herein otherwise specially provided : 

******* 

9. The wages and earnings of all seamen, seagoing fisher- Sea- 
men and sealers, not exceeding three hundred dollars, regard- ™ en ' s ' 
less of where or when earned, and in addition to all other wages, 
exemptions otherwise provided by any law ; 

10. The earnings of the judgment debtor for his personal Thirty 
services rendered at any time within thirty days next preced- e ^_ 
ing the levy of execution or attachment, when it appears by ings, 
the debtor's affidavit or otherwise, that such earnings are n * 
necessary for the use of his family, residing in this state, 
supported in whole or in part by his labor ; but where debts 

are incurred by any such person, or his wife or family for 

the common necessaries of life, or have been incurred at a 

time when the debtor had no family residing in this state, 

supported in whole or in part by his labor, the one-half of 

such earnings above mentioned is nevertheless subject to 

execution, garnishment or attachment to satisfy debts so 

incurred ; 

******* 

[Enacted March 11, 1872.] 

Attorney's fees in suits for wages. 

Sec. 924. (As amended by chapter 51, acts of 1907.) The Fee 

prevailing party in the justices' courts is entitled to costs of allowed 
the action, and also of any proceedings taken by him in aid covery. 
of an execution issued upon any judgment recovered therein. 
In actions for the recovery of wages for labor performed, the 
court shall add, as part of the cost, in any judgment recov- 
ered by the plaintiff, an attorney's fee not exceeding twenty 
per cent of the amount recovered. [Enacted March 11, 
1872.] 

Wages preferred — In assignments, administration, etc. 

Sec. 1204. (As amended by chapter 102, acts of 1901.) Wages 
When any assignment, whether voluntary or involuntary, is pa i<j 
made for the benefit of the creditors of the assignor, or results first in 
from any proceeding in insolvency commenced against him, mints?" 



minis- 
tration, 



28 BUREAU OF LABOR STATISTICS. 

the wages and salaries of miners, mechanics, salesmen, serv- 
ants, clerks, laborers, and other persons, for services ren- 
dered for him within sixty days prior to such assignment, or 
to the commencement of such proceeding, and not exceeding 
one hundred dollars each, constitute preferred claims, and 
must be paid by the trustee or assignee before the claim of 
any creditor of the assignor or insolvent. [Enacted March 
11, 1872.] 
In ad- Sec. 1205. (As amended by chapter 102, acts of 1901.) 

Upon the death of any employer, the wages, not exceeding 
one hundred dollars in amount, of each miner, mechanic, 
salesman, clerk, servant, laborer, or other employee, for 
work done or services rendered within sixty days prior to 
such death, must be paid before any other claim against the 
estate of such employer, except his funeral expenses, and 
expenses of the last sickness, the allowance to the widow and 
infant children, and the charges and expenses of administra- 
tion. [Enacted March 11, 1872.] 
In at- Sec. 1206. (As amended by chapter 102, acts of 1901.) 

ments Upon the levy of any attachment or execution, not founded 
execu- upon a claim for labor, any miner, mechanic, salesman, serv- 
etc nS ' an ^ c ^ er ^» laborer, or other person who has performed work 
or rendered services for the defendant within sixty days prior 
to the levy, may file a verified statement of his claim there- 
for with the officer executing the writ, and give copies thereof 
to the debtor and the creditor, and such claim, not exceeding 
one hundred dollars, unless disputed, must be paid by such 
officer from the proceeds of such levy remaining in his hands 
at the filing of such statement. If any claim is disputed, 
within the time, and in the manner prescribed in section 
twelve hundred and seven, the claimant must within ten days 
thereafter commence an action for the recovery of his demand, 
which action must be prosecuted with due diligence, or his 
claim to priority of payment is forever barred. The officer 
must retain in his possession until the determination of such 
action so much of the proceeds of the writ as may be neces- 
sary to satisfy the claim, and if the claimant recovers judg- 
ment, the officer must pay the same, including the costs of 
suit, from such proceeds. [Enacted March 11, 1872.] 

This section gives only a preferred claim against the 
debtor, but does not give any lien upon his property: 74 Pac. 
Rep. 1037. 



LABOR LAWS — PENAL CODE. 29 



PENAL CODE. 

Protection of employees as voters. 

Sec. 59. * * * It is not lawful for any employer. Coercion, 
in paying his employees the salary or wages due them, to g^'j^J. 
inclose their pay in "pay envelopes'* upon which there isers. 
written or printed the name of any candidate, or any politi- 
cal mottoes, devices, or arguments containing threats express 
or implied, intended or calculated to influence the political 
opinions or actions of such employees. Nor is it lawful for 
any employer, within ninety days of any election, to put 
up or otherwise exhibit in his factory, workshop, or other 
establishment or place where his workmen or employees may 
be working, any handbill or placard containing any threat, 
notice, or information, that in case any particular ticket of 
a political party, or organization, or candidate shall be 
elected, work in his place or establishment will cease, in 
whole or in part, or his place or establishment be closed 
up, or the salaries or wages of his workmen or employees 
be reduced, or threats, express or implied, intended or cal- 
culated to influence the political opinions or actions of his 
workmen or employees. This section applies to corporations Petelty. 
as well as individuals, and any person or corporation violating 
the provisions of this section is guilty of a misdemeanor, and 
any corporation violating this section shall forfeit its charter. 
[Enacted February 14, 1872.] 

Certain employments of children forbidden. 

Sec. 272. Any person, whether as parent, relative, Mendi- 
guardian, employer, or otherwise, having the care, custody, cant, ac- 
or control of any child under the age of sixteen years, whogtc.f 10 ' 
exhibits, uses, or employs, or in any manner, or under anyoccupa- 
pretense, sells, apprentices, gives away, lets out, or disposes tlons ' 
of any such child to any person, under any name, title, or 
pretense, for or in any business, exhibition, or vocation, 
injurious to the health or dangerous to the life or limb of such 
child, or in or for the vocation, occupation, service, or purpose 
of singing, playing on musical instruments, rope or wire 
walking, dancing, begging, or peddling, or as a gymnast, acro- 
bat, contortionist, or rider, in any place whatsoever, or for or 



30 BTJEEAU OF LABOR STATISTICS. 

in any obscene, indecent or immoral purposes, exhibition, or 
practice whatsoever, or for or in any mendicant or wander- 
ing business whatsoever, or who causes, procures, or en- 
courages such child to engage therein, is guilty of a misde- 
meanor, and punishable by a fine of not less than fifty nor 
more than two hundred and fifty dollars, or by imprisonment 
in the county jail for a term not exceeding six months, or by 
both such fine and imprisonment. Nothing in this section 
contained applies to or affects the employment or use of any 
such child, as a singer or musician in any church, school, or 
academy, or the teaching or learning of the science or practice 
of music ; or the employment of any child as a musician at 
any concert or other musical entertainment, on the written 
consent of the mayor of the city or president of the board of 
trustees of the city or town where such concert or entertain- 
ment takes place. [Added by code amdts., 1875-76, p. 110.] 
This section is constitutional : 86 Pac. Rep. 809. 

Hiring, Sec. 273. Every person who takes, receives, hires, 
e c * employs, uses, exhibits, or has in custody, any child under 
the age, and for any of the purposes mentioned in the pre- 
ceding section, is guilty of a like offense, and punishable by 
a like punishment as therein provided. [Added by Stats. 
1905, p. 759.] 
Sending Sec. 273e. Every telephone, special delivery company or 
as mes- association, and every other corporation or person engaged 
senge s. . Q t ^ e delivery of packages, letters, notes, messages, or other 
matter, and every manager, superintendent, or other agent of 
such person, corporation, or association, who sends any minor 
in the employ or under the control of any such person, cor- 
poration, association, or agent, to the keeper of any house of 
prostitution, variety theater, or other place of questionable 
repute, or to any person connected with, or any inmate of, 
such house, theater, or other place, or who permits such minor 
to enter such house, theater, or other place, is guilty of a 
misdemeanor. [Added by Stats. 1905, p. 760.] 
Same Sec - 273 /- (Added by chap. 294, acts of 1907.) Any 

subject, person, whether as parent, guardian, employer, or otherwise, 
and any firm or corporation, who as employer or otherwise, 
shall send, direct, or cause to be sent or directed to any saloon, 



LABOR LAWS PENAL CODE. 31 

gambling house, house of prostitution, or other immoral place, 
any minor under the age of eighteen, is guilty of a misde- 
meanor. 

Mismanagement of steam boilers. 

Sec. 349. Every engineer or other person having charge Negli- 
of any steam boiler, steam engine, or other apparatus for ge " ce 
generating or employing steam, used in any manufactory, ge ring 
railway, or other mechanical works, who wilfully, or from life - 
ignorance, or gross neglect, creates, or allows to be created 
such an undue quantity of steam as to burst or break the 
boiler or engine, or apparatus, or cause any other accident 
whereby human life is endangered, is guilty of a felony. 
[Enacted February 14, 1872.] 

Misrepresentation — Kind of labor employed. 

Sec. 349a. (As amended, Stats. 1911, chapter 181.) Any 
person engaged in the production, manufacture, or sale of 
any article of merchandise in this state, who, by any imprint, 
label, trade-mark, tag, stamp, or other inscription or device, 
placed or impressed upon such article, or upon the cask, box, 
case, or package containing the same, misrepresents or falsely 
states the kind, character, or nature of the labor employed 
or used, or the extent of the labor employed or used, or the 
number or kind of persons exclusively employed or used, or 
that a particular or distinctive class or character of laborers 
was wholly and exclusively employed, when in fact another 
ciass, or character, or distinction of laborers was used or 
employed either jointly or in any wise supplementary to such 
exclusive class, character, or distinction of laborers, in the 
production or manufacture of the article to which such im- 
print, label, trade-mark, tag, stamp, or other inscription or 
device is affixed, or upon the cask, box, case or package con- 
taining the same, is guilty of a misdemeanor, and punishable 
by a fine of not less than one hundred dollars nor more than 
five hundred dollars, or by imprisonment in the county jail 
for not less than twenty nor more than ninety days, or both. 
[Added by Stats. 1905, p. 669.] 

Sec. 349&. Any trade union, labor association, or labor Labor 
organization, organized and existing in this state, whether organi- 
incorporated or not, which shall have adopted and registered ^S- 
a label or trademark in accordance with the provisions of sec- elusive 
tion three thousand two hundred of the Political Code, shall j^j to 



32 BUREAU OF LABOR STATISTICS. 

have the exclusive right to the ownership, use and control of 
such label or trademark, and any person who, without having 
an unrevoked written authority from such trade union, labor 
association or labor organization, wilfully reproduces, copies, 
imitates, forges or counterfeits, or procures to be reproduced, 
copied, imitated, forged or counterfeited such label or trade- 
mark, with intent to sell or to assist other persons to sell, any 
goods to which such reproduced, copied, imitated, forged or 
counterfeited label or trademark is affixed as having been 
made, manufactured or produced in whole or in part by labor, 
laborers or employees, members of or allied or associated 
with such trade union, labor association or labor organiza- 
tion, is guilty of a misdemeanor, and punishable by a fine of 
not more than five hundred dollars or by imprisonment in the 
county jail for not more than ninety days, or by both such 
fine and imprisonment. [Added Stats. 1915, chap. 487.] 

Sec. 349c. Any person engaged in the production, manu- 
facture or sale of any article of merchandise in this state, or 
any person engaged in the performance of any acts or serv- 
ices of a private, public or quasi-public nature for profit, who 
wilfully misrepresents or falsely states that members of trades 
unions, labor associations or labor organizations were en- 
gaged or employed in the manufacture, production or sale 
of such article or in the performance of such acts or services, 
when in fact labor, laborers or employees not members of 
trades unions, labor associations or labor organizations were 
exclusively used in the manufacture, production or sale of 
such articles or in the performance of such acts or service, 
shall be guilty of a misdemeanor, and punishable by a fine 
of not more than five hundred dollars, or by imprisonment 
in the county jail for not more than ninety days, or by both 
such fine and imprisonment. [Added Stats. 1915, chap. 487.] 
Sec. 368. Every person having charge of any steam 
gence of boiler or steam engine, or other apparatus for generating 
engi- or employing steam, used in any manufactory, or on any 
etc# ' railroad, or in any vessel, or in any kind of mechanical 
work, who wilfully, or from ignorance or neglect, creates, 
or allows to be created, such an undue quantity of steam 
as to burst or break the boiler, engine, or apparatus, or to 
cause any other accident whereby the death of a human 



LABOR LAWS — PENAL CODE. 33 

being is produced, is punishable by imprisonment in the 
state prison for not less than one nor more than ten years. 
[Enacted February 14, 1872.] 

Hatch-tenders on vessels. 

Sec. 368a. (Added by chap. 290, Stats. 1913.) Any person, Hatch- 
firm or corporation engaged in the business of loading or for 
unloading ships or vessels, or who contracts to load or unload vessels 
a ship or vessel, or who shall be in charge of a ship or vessel 50tons 
while the same is being loaded or unloaded, or who is author- capacity. 
ized to load or unload any ship or vessel, having a carrying 
capacity of fifty tons or greater, shall employ and supply 
upon every ship or vessel while being loaded or unloaded, a 
person over the age of twenty-one years to act as signal man 
or hatch-tender whose sole duty it shall be to observe the 
operations of loading or unloading of each working hatch on 
such ship or vessel, and to warn all persons engaged in the 
operation of loading or unloading of any possibility of any 
injury to any of the articles of which the cargo is composed, 
or of danger to any person engaged or being in or about the 
said ship or vessel while the same is being loaded or unloaded 
as aforesaid. 

Any person, firm, or corporation violating the provisions Penalty, 
of this act is guilty of a misdemeanor. 

Sec. 369. Every conductor, engineer, brakeman, switch- Of con- 
man, or other person having charge, wholly or in part, of etc<> on ' 
any railroad, car, locomotive, or train, who wilfully or negli- trains, 
gently suffers or causes the same to collide with another car, 
locomotive, or train, or with any other object or thing where- 
by the death of a human being is produced, is punishable by 
imprisonment in the state prison for not less than one year 
nor more than ten years. [Enacted February 14, 1872.] 

Street cars to be provided with brakes, etc. 

Sec. 369a. Any person, company, or corporation, oper- Brakes 
ating cars on the streets of cities or towns, or on the county reQuired - 
roads within the state, for the conveyance of passengers, 
propelled by means of wire ropes attached to stationary 
engines, or by electricity or compressed air, who runs, 
operates, or uses any car or dummy, unless each car and 
dummy, while in use, is fitted with a brake capable of bring- 

3—32683 



34 BUREAU OF LABOR STATISTICS. 

ing such car to a stop within a reasonable distance, and a 
suitable fender or appliance placed in front or attached to the 
trucks of such dummy or car, for the purpose of removing 
and clearing obstructions from the track, and preventing any 
obstacles, obstructions, or person on the track from getting 
under such dummy or car, and removing the same out of 
danger, and out of the way of such dummy or car, is guilty 
of a misdemeanor. Where the board of supervisors of any 
county, or the city council or other governing body of any 
city, by ordinance, order, or resolution, prescribe the fender 
or brake to be used as aforesaid, then a compliance with such 
ordinance, order, or resolution must be deemed a full com- 
pliance with the provisions of this section. [Stats. 1905, 
p. 766.] 

Intoxication and negligence of railroad employees. 

Engi- Sec. 369/. Any person employed upon any railroad as 

neers, engineer, conductor, baggagemaster, brakeman, switchman, 
ductors, fireman, bridge tender, flagman, or signalman or having 
etc - charge of the regulation or running of trains upon such 
railroad, in any manner whatever, who becomes or is intoxi- 
cated while engaged in the discharge of his duties, is guilty 
of a misdemeanor ; and if any person so employed as afore- 
said, by reason of such intoxication, does any act, or neglects 
any duty, which act or neglect causes the death of, or bodily 
injury to, any person or persons, he is guilty of a felony. 
[Added by Stats. 1905, p. 767.] 

Negligence of employees on steamboats, etc. 
Negli- Sec. 384. Every captain or other person having charge 

captain! of any ste amboat used for the conveyance of passengers, or 
etc., of' of the boilers and engines thereof, who, from ignorance or 
boate" §ross ne § lect » or for the purpose of excelling any other boat 
in speed, creates, or allows to be created, such an undue 
quantity of steam as to burst or break the boiler, or any 
apparatus or machinery connected therewith, by which burst- 
ing or breaking human life is endangered, is guilty of a 
felony. [Enacted February 14, 1872.] 
Same. Sec. 391. Every person who is intoxicated while in 

charge of a locomotive engine, or while acting as conductor 
or driver upon any railroad train or car, whether propelled by 



LABOB LAWS — PENAL CODE. 35 

steam or drawn by horses, or while acting as train dispatcher, 
or as telegraph operator, receiving or transmitting dispatches 
in relation to the movement of trains, is guilty of a misde- 
meanor. [Enacted February 14, 1872.] 

Sec. 393. Every engineer, conductor, brakeman, switch ^ eg ^ 
tender, or other officer, agent, or servant of any railroad sence 
company, who is guilty of any wilful violation or omission ger ing 
of his duty as such officer, agent or servant, whereby human life. 
life or safety is endangered, the punishment of which is not 
otherwise prescribed, is guilty of a misdemeanor. [Enacted 
February 14, 1872.] 

Protection of employees on buildings. 

Sec. 402c. Any person or corporation employing or direct- Unsafe 
ing another to do or perform any labor in the construction, -^etc" 
alteration, repairing, painting or cleaning of any house, 
building or structure within this state, who knowingly or 
negligently furnishes or erects or causes to be furnished or 
erected for the performance of such labor, unsafe or improper 
scaffolding, slings, hangers, blocks, pulleys, stays, braces, 
ladders, irons, ropes or other mechanical contrivances, or who 
hinders or obstructs any officer attempting to inspect the 
same under the provisions of * * * [section 12 of act 
No. 1828, General Laws] or who destroys, or defaces or 
removes any notice posted thereon by such officer or permits 
the use thereof, after the same has been declared unsafe by 
such officer, contrary to the provisions of said section twelve 
of said act, shall be guilty of a misdemeanor. [Added by 
Stats. 1903, p. 216.] 

Protection of workmen as members of the National 
Guard. 
Sec. 421. No association or corporation shall by any con- Discrim- 
stitution, rule, by-law, resolution, vote or regulation, dis- ination 
criminate against any member of the national guard of^" den 
California because of his membersh'p therein. Any person 
who wilfully aids in enforcing any such constitution, rule, 
by -law, resolution, vote or regulation against any member of 
said national guard of California, is guilty of a misdemeanor. 
[Added by Stats. 1905, p. 190.] 



36 BUREAU OF LABOR STATISTICS. 

Employers to report names of taxable employees. 
Em- Sec. 434. Every person who, when requested by the col- 

ployers i ector f taxes or licenses, refuses to give to such collector the 
report, name and residence of each man in his employment, or to 

give such collector access to the building or place where such 

men are employed, is guilty of a misdemeanor. [Enacted 

February 14, 1872.] 

Obtaining labor by false pretenses. 

Sec. 532. Every person who knowingly and designedly, by 
any false or fraudulent representation or pretense, defrauds 
any other person of money, labor, or property, whether real 
or personal, or who causes or procures others to report falsely 
of his wealth or mercantile character, and by thus imposing 
upon any person obtains credit, and thereby fraudulently gets 
possession of money or property, or obtains the labor or serv^ 
ice of another, is punishable in the same manner and to the 
same extent as for larceny of the money or property so 
obtained. 

Employees on public works. 

Eight Sec. 653c. The time of service of any laborer, workman, 

ho " rs . or mechanic employed upon any of the public works of the 
work. State of California, or of any political subdivision thereof, 
or upon work done for said state, or any political subdivision 
thereof, is hereby limited and restricted to eight hours during 
any one calendar day ; and it shall be unlawful for any officer, 
or agent of said state, or of any political subdivision thereof, 
or for any contractor or subcontractor doing work under con- 
tract upon any public works aforesaid, who employs, or who 
directs or controls, the work of any laborer, workman, or 
mechanic, employed as herein aforesaid, to require or permit 
such laborer, workman, or mechanic, to labor more than eight 
hours during any one calendar day, except in cases of extraor- 
dinary emergency, caused by fire, flood, or danger to life 
or property, or except to work upon public military or naval 
defenses or works in time of war. Any officer or agent of 
the State of California, or of any political subdivision thereof, 
making or awarding, as such officer or agent, any contract, 
the execution of which involves or may involve the employ- 
ment of any laborer, workman, or mechanic upon any of the 






LABOE LAWS — PENAL CODE. 37 

public works, or upon any work, hereinbefore mentioned, 
shall cause to be inserted therein a stipulation which shall 
provide that the contractor to whom said contract is awarded 
shall forfeit, as a penalty, to the state or political subdivi- 
sion in whose behalf the contract is made and awarded, ten 
dollars for each laborer, workman, or mechanic employed, in 
the execution of said contract, by him, or by any subcon- 
tractor under him, upon any of the public works, or upon any 
work, hereinbefore mentioned, for each calendar day during 
which such laborer, workman, or mechanic is required or 
permitted to labor more than eight hours in violation of the 
provisions of this act ; and it shall be the duty of such officer 
or agent to take cognizance of all violations of the provisions 
of said act committed in the course of the execution of said 
contract, and to report the same to the representative of the 
state or political subdivision, party to the contract, author- 
ized to pay to said contractor moneys becoming due to him 
under the said contract, and said representative, when making 
payment of moneys thus due, shall withhold and retain there- 
from all sums and amounts which shall have been forfeited 
pursuant to the herein said stipulation. Any officer, agent, 
or representative of the State of California, or of any polit- 
ical subdivision thereof, who shall violate any of the provi- 
sions of this section, shall be deemed guilty of misdemeanor, 
and shall upon conviction be punished by fine not exceeding 
five hundred dollars, or by imprisonment, not exceeding six 
months, or by both such fine and imprisonment, in the dis- 
cretion of the court. [Added by Stats. 1905, p. 666.] 

Sec. 653d. Every person w T ho employs laborers upon pub- Retain- 
lic works, and who takes, keeps, or receives for his own use in s_ 
any part or portion of the wages due to any such laborers r 
from the state or municipal corporation for which such work 
is done, is guilty of a felony. [Added by Stats. 1905, p. 667.] 

Blacklisting. 

Sec. 653e. (Added by Stats. 1913, chap. 350.) Any person, Black- 
firm or corporation, or officer or director of a corporation, orl istin g 
superintendent, manager or other agent of such person, firm {Jilted. 
or corporation who, after having discharged an employee 
from the service of such person, firm or corporation or after 
having paid off an employee voluntarily leaving such service, 



wages. 



38 BUEEAU OF LABOR STATISTICS. 

shall, by word, writing or any other means whatsoever, mis- 
represent and thereby prevent or attempt to prevent such 
former employee from obtaining employment with any other 
person, firm or corporation, shall be punished by a fine not 
exceeding two thousand dollars and shall be liable in treble 
damages to any such employee sustaining damages through a 
violation of this section. Any person, firm or corporation 
who shall knowingly cause, suffer or permit an agent, super- 
intendent, manager or other employee in his or its employ to 
commit a violation of this section, or who shall fail to take 
all reasonable steps within his or its power to prevent such 
violation of this act, shall be guilty of a violation of the 
provisions of this section and be subject to the penalty here- 
inbefore provided. Nothing in this section shall be construed 
to prevent an employer as hereinbefore defined or an agent, 
employee, superintendent or manager of such employer to 
furnish, upon special request therefor, a truthful statement 
concerning the reason for the discharge of an employee or 
why an employee voluntarily left the service of the employer ; 
provided, however, that if such statement shall in connection 
therewith furnish any mark, sign or other means whatever 
conveying information different from that expressed by words 
therein, such fact, or the fact that such statement or other 
means of furnishing information was given without a special 
request therefor, shall be prima facie evidence of a violation 
of the provisions of this section. 

Protection of employees as members of labor organiza- 
tions. 

Re- Sec. 679. Any person, or corporation within this state, or 

in^em- a £ ent or officer on behalf of such person or corporation, who 
ployees shall hereafter coerce or compel any person or persons to 
member- enter mto ' an agreement, either written or verbal, not to join 
ship in or become a member of any labor organization, as a condition 
union. Q f suc i i person or persons securing employment or continuing 
in the employment of any such person or corporation, shall 
be guilty of a misdemeanor. [Added by Stats. 1893, p. 176.] 



LABOR LAWS — PENAL CODE. 39 

Payment of wages in barrooms, etc. 

Sec. 680. Every person who shall pay any employee his Em- 
wages, or any part thereof, while such employee is in any^ 3 ^ 3 
saloon, barroom, or other place where intoxicating liquors are be paid 
sold at retail, unless said employee is employed in suchj" 01 ^" 
saloon, barroom, or such other place where intoxicating 
liquors are sold, shall be deemed guilty of a misdemeanor. 
[Added by Stats. 1901, p. 660.] 



40 BUREAU OF LABOE STATISTICS. 

PENAL CODE— APPENDIX. 

■ 

(Page 736; Stats. 1903, page 289.) 
Labor combinations not unlawful. 
Labor Section 1. No agreement, combination, or contract by or 

agre J" between two or more persons to do or procure to be done, or 
not con- not to do or procure not to be done, any act in contemplation 
spiracy. or furtherance of any trade dispute between employers and 
employees in the State of California shall be deemed criminal, 
nor shall those engaged therein be indictable or otherwise 
punishable for the crime of conspiracy, if such act committed 
by one person would not be punishable as a crime, nor shall 
such agreement, combination, or contract be considered as in 
restraint of trade or commerce, nor shall any restraining 
order or injunction be issued with relation thereto. Nothing 
in this act shall exempt from punishment, otherwise than as 
herein excepted, any persons guilty of conspiracy, for which 
punishment is now provided by any act of the legislature, but 
such act of the legislature shall, as to the agreements, com- 
binations, and contracts hereinbefore referred to, be con- 
strued as if this act were therein contained ; provided, that 
nothing in this act shall be construed to authorize force or 
violence, or threats thereof. 

(Page 797; Stats. 1903, page 269.) 

Employment of labor — False representations. 
False Section 1. (As amended, Stats. 1915, chap. 45.) It shall 

ment." ^ e unlawful for any person, partnership, company, corpora- 
tion, association, or organization of any kind, directly or 
through any agent or attorney, to induce, influence, persuade, 
or engage any person to change from one place to another 
in this state or to change from any place in any state, terri- 
tory, or country to any place in this state, or to change from 
any place in this state to any place in any state, territory 
or country, to work in any branch of labor, through or by 
means of knowingly false representations, whether spoken, 
written, or advertised in printed form, concerning the kind or 
character of such work, the compensation therefor, the sani- 
tary conditions relating to or surrounding it, or the existence 



LABOR LAWS — PENAL CODE. 41 

or non-existence of any strike, lockout, or other labor dispute Strikes, 
affecting it and pending between the proposed employer or etc * 
employers and the persons then or last theretofore engaged in 
the performance of the labor for which the employee is sought. 

Sec. 2. Any violation of section one or section two hereof Penalty, 
shall be deemed a misdemeanor, and shall be punished by a 
fine of not exceeding two thousand dollars or by imprisonment 
for not more than one year, or by both such fine and impris- 
onment. 



42 BUREAU OF LABOR STATISTICS. 

GENERAL LAWS. 



ACT No. 128. 

(Stats. 1915, chap. 417.) 
Employment of aliens on public works. 
Only Section 1. No person except a native-born or naturalized 

citizens c j t ] zen f tne fj n ited States, shall be employed in any depart- 
public ment of the state, county, city and county or city government 
w in this state ; provided, however, that nothing herein con- 

Excep- tained shall prohibit the employment as a member of the 
tions. faculty or teaching force in public schools of this state, nor 
in schools supported in whole or in part by the state, of any 
person who has declared his intention to become a citizen of 
the United States, nor of any native-born woman of the 
United States who has married a foreigner ; and provided, 
further, that the prohibitions of this act shall not apply to 
any member of the faculty or teaching force of any college 
or university supported in whole or in part by the state, nor 
to any specialist or expert temporarily employed by any 
department of the state, or any county, city and county or 
city and engaged in special investigation. 
Unlawful Sec. 2. It shall be unlawful for any person, whether 
employ elect ed, appointed or commissioned to fill any office in either 
persons the state, county, city and county or city government of this 
than* state, or m an 3 7 department thereof, to appoint or employ any 
citizens, person to perform any duties whatsoever, unless such person 
so appointed or employed be a native-born or naturalized 
citizen of the United States, subject nevertheless, to the 
exceptions contained in section one of this act. 
No pay- Sec. 3. No money shall be paid out of the state treasury 
Persons* or ou * °^ ^ e treasury of any county, or city and county or 
other city, to any person employed in -any of the offices mentioned 
citizens * n sec ti° n two of this act unless such person shall be a native- 
born or naturalized citizen of the United States, subject to 
the exceptions contained in section one of this act. 
Term Sec. 4. As used in this act the term "person who has 

defined. d ec i are( j n i s intention to become a citizen" shall not include 
any person who fails to secure his certificate of naturalization 



LABOR LAWS GENERAL. 43 

tvithin six months after the time that he is entitled by law to 
secure the same. 

Sec. 5. No action shall be authorized or maintained for previous 
the recovery of money heretofore paid to any member of the P a >- 
faculty or teaching force of any public school of this state, V ali- 
or any school, college or university supported in whole or in dated - 
part by the state, and all payments so made are hereby 
approved and declared valid. 

Sec. 6. An act entitled, "An act to secure to native-born Repealed 
and naturalized citizens of the United States the exclusive 
right to be employed in any department of the state, county, 
city and county, or incorporated city or town government in 
this state," approved March 23, 1901, is hereby repealed and 
all other acts or parts of acts in conflict with this act are 
hereby repealed. 

ACT No. 219. 

(Stats. 1891, page 49.) 
State board of arbitration and conciliation. 

Section 1. On or before the first day of May of each Q Ua ]ifl 
year, the governor of the state shall appoint three competent cations 
persons to serve as a state board of arbitration and con- {J el !£ em ~ 
ciliation. One shall represent the employers of labor, one 
shall represent labor employees, and the third member shall 
represent neither, and shall be chairman of the board. They 
shall hold office for one year and until their successors are 
appointed and qualified. If a vacancy occurs, as soon as pos- 
sible thereafter the governor shall appoint some one to serve 
the unexpired terms ; provided, however, that when the parties 
to any controversy or difference, as provided in section two 
of this act, do not desire to submit their controversy to the 
state board, they may by agreement each choose one person, Special 
and the two shall choose a third, who shall be chairman and boards, 
umpire, and the three shall constitute a board of arbitration 
and conciliation for the special controversy submitted to it, 
and shall for that purpose have the same powers as the state 
board. The members of the said board or boards, before 
entering upon the duties of their office, shall be sworn to 
faithfully discharge the duties thereof. They shall adopt 



44 BUREAU OF LABOR STATISTICS. 

such rules of procedure as they may deem best to carry out 
the provisions of this act. 
Duties Sec. 2. Whenever any controversy or difference exists 
° f . between an employer, whether an individual, copartnership, 
or corporation, which if not arbitrated, would involve a strike 
or lockout, and his employees, the board shall, upon applica- 
tion, as hereinafter provided, and as soon as practicable 
thereafter, visit, if necessary, the locality of the dispute and 
make careful inquiry into the cause thereof, hear all persons 
interested therein who may come before them, advise the 
respective parties what, if anything, ought to be done or sub- 
mitted to by either, or both, to adjust said dispute and make 
a written decision thereof. This decision shall at once be 
made public, and shall be recorded upon proper books of 
record to be kept by the board. 
Appli- Sec. 3. Said application shall be signed by said employer, 
cation. or ^y a majority of his employees in the department of the 
business in which the controversy or difference exists, or 
their duly authorized agent, or by both parties, and shall 
contain concise statement of the grievances complained of, 
and a promise to continue on in business or at work, without 
any lockout or strike, until the decision of said board, which 
must, if possible, be made within three weeks of the date of 
filing the application. Immediately upon receipt of said 
Hearing a PP*i ca tion, the chairman of said board shall cause public 
' notice to be given of the time and place for hearing. Should 
the petitioners fail to keep the promise made therein, the 
board shall proceed no further thereupon without the written 
consent of the adverse party. And the party violating the 
contract shall pay the extra cost of the board entailed 
thereby. The board may then reopen the case and proceed to 
the final arbitration thereof as provided in section two hereof. 
Decision. Sec. 4. The decision rendered by the board shall be bind- 
ing upon the parties who join in the application for six 
months, or until either party has given the other a written 
notice of his intention not to be further bound by the con- 
ditions thereof after the expiration of sixty days or any time 
agreed upon by the parties, which agreement shall be entered 
as a part of the decision. Said notice may be given to the 



LABOB LAWS GENEBAL. 45 

employees by posting a notice thereof in three conspicuous 
places in the shop or factory where they work. 

Sec. 5. Both employers and employees shall have theCom- 
right at any time to submit to the board complaints orJ^J"^ 
grievances and ask for an investigation thereof. The board sub- 
shall decide whether the complaint is entitled to a public mi e 
investigation, and if they decide in the affirmative, they shall 
proceed to hear testimony, after giving notice to all parties 
concerned, and publish the result of their investigations as 
soon as possible thereafter. 

Sec. 6. The arbitrators hereby created shall be paid five Expense 
dollars per day for each day of actual service, and also their {jy^ate. 
necessary traveling and other expenses incident to the duties 
of their office shall be paid out of the state treasury ; but the 
expenses and salaries hereby authorized shall not exceed the 
sum of twenty-five hundred dollars for the two years. 



ACT No. 1024. 

(Stats. 1911, chap. 499.) 
Electricity — Regulating erection of poles, etc. 

Section 1. (As amended, Stats. 1915, chap. GOO.) No 
commission, officer, agent or employee of the State of Cali- 
fornia, or of any city and county or city or county or other 
political subdivision thereof, and no other person, firm, or 
corporation shall — 

(a) Run, place, erect or maintain any wire or cable used 
to carry or conduct electricity, on any pole, or any crossarm, 
bracket or other appliance attached to such pole, within a 
distance of thirteen inches from the center line of said pole ; 
provided, that the foregoing provisions of this paragraph (a) Pro _ 
shall be held not to apply to telephone, telegraph or other risions 
"signal" wires or cables which are attached to a pole to which p^eable 
is attached no wire or cable other than telephone, telegraph to tele- 
or other "signal" wire or cable, except within the corporate £ ir ° e n s e 
limits of any city or town which shall have been incorporated etc. 
as a municipality, nor shall the foregoing provisions be held 
to apply to such wires or cables in cases where the same 
are placed vertically on poles, nor to "bridle" or "jumper" 
wires on any pole which are attached to telephone, telegraph 



46 BUREAU OF LABOR STATISTICS. 

or other "signal" wires on the same pole, nor to any "aerial" 
cable, as between such cable and any pole on which it origi- 
nates or terminates ; and further provided, that telephone toll 
lines may be exempt from the provisions of this paragraph (a) 
provided proper evidence introduced before the railroad com- 
mission of the State of California proves to the satisfaction 
of said railroad commission, that compliance with the provi- 
sions of this paragraph (a) would seriously interfere with 
long distance telephone transmission ; and further provided, 
that the provisions of this paragraph (a) shall not be held 
to apply to wires run from "lead" wires to arc or incandescent 
lamps nor to transformers placed upon poles, nor to any 
wire or cable where the same is attached to the top of a pole, 
as between it and said pole, nor to any "aerial" cable contain- 
ing telephone, telegraph or other "signal" wires where the 
same is attached to a pole on which no other wires or cables 
than wires continuing from said cable are maintained ; pro- 
vided, that electric light or power wires or cables are in no 
case maintained on the same side of the street or highway on 
which said "aerial" cable is placed. 
Electric (6) Run, place, erect or maintain in the vicinity of any 
W S. pole (and unattached thereto) within the distance of thirteen 
thirteen inches from the center line of said pole, any wire or cable 
inches use d to conduct or carry electricity, or place, erect or main- 
tain any pole (to which is attached any wire or cable used 
to conduct or carry electricity) within the distance of thirteen 
inches (measured from the center of such pole) from any 
wire or cable used to conduct or carry electricity ; provided, 
that as between any wire or cable and any pole, as in the 
paragraph (o) named, only the wire, cable or pole last in 
point of time run, placed or erected, shall be held to be run, 
placed, erected or maintained in violation of the provisions 
of this paragraph ; and provided, further, that the provisions 
Last of this paragraph (6) shall not be held to apply to telephone, 
e t c ' telegraph or other "signal" wires or cables on poles to which 
run in are attached no other wires, as between such wires and poles 
Son t° which are attached no other wires or cables than telephone, 
telegraph or other "signal" wires ; provided, such wires, 
cables and poles are not within the corporate limits of any 
town or city which shall have been incorporated as a munici- 



LABOR LAWS — GENERAL. 47 

pality ; and further provided, that telephone toll lines may be 
exempt from this paragraph (6) provided proper evidence 
introduced before the railroad commission of the State of 
California, proves to the satisfaction of the said railroad 
commission, that compliance with the provisions of this 
paragraph (6) would seriously interfere with long distance 
telephone transmission. 

(c) Run, place, erect or maintain, above ground, within the wires 
distance of four feet from any wire or cable conducting or within 
carrying less than six hundred volts of electricity, any wire feet f 
or cable which shall conduct or carry at any one time more each 
than six hundred volts of electricity, or run, place, erect or ° er ' 
maintain within the distance of four feet from any wire 
or cable which shall conduct or carry at any one time more 
than six hundred volts of electricity any wire or cable con- 
ducting or carrying less than six hundred volts of electricity ; 
provided ', that the foregoing provisions of this paragraph (c) 
shall be held not to apply to any wires or cables attached to 
a transformer, arc or incandescent lamp within a distance of 
four feet (measured along the line of said wire or cable), 
from the point where such wire or cable is attached to such 
transformer, arc or incandescent lamp, nor to wires or cables 
within buildings or other structures, nor to wires or cables 
where the same are placed vertically on poles, or to any ''lead" 
wires or cables between the points where the same are made 
to leave any pole for the purpose of entering any building or 
other structure and the point at which they are made to enter 
such building or structure ; and provided, further, that as 
between any two wires or cables, or any wire or any cable, 
run, placed, erected or maintained in violation of the provi- 
sions of this paragraph (c), only the wire or cable last in Two 
point of time run, placed or erected shall be held to be run, systems 
placed, erected or maintained thus in violation of said provi- ing 
sions ; and further provided, that where no more than one same 
crossarm is maintained on a pole, all the wires or cables con- 
ducting or carrying at any one time more than six hundred 
volts of electricity shall be placed on the crossarm on one side 
of the pole, and all the wires or cables conducting or carry- 
ing less than six hundred volts of electricity shall be placed 
on the crossarm on the other side of the pole ; and further pro- 



48 BUEEAU OF LABOR STATISTICS. 

vided, that the space between any wire or cable conducting or 
carrying at any one time more than six hundred volts of 
electricity and any wire or cable carrying less than said volt- 
age shall be at least thirty-six inches clear measurement in a 
horizontal line. Where the foregoing provisions of this para- 
graph (c) can not be complied with, the railroad commission 
of the State of California may grant permission for the fol- 
lowing form of construction : where two or more systems for 
the distribution of electric light or power occupy the same 
poles with wires or cables, all wires or cables conducting or 
carrying at any one time more than six hundred volts of 
electricity may be placed on the crossarms on one side of the 
pole, and all wires or cables conducting or carrying less than 
said voltage, shall in such case, be placed on the crossarms on 
the other side of the pole ; and further provided, that the 
space between any wire or cable conducting or carrying at 
any one time more than six hundred volts of electricity and 
any wire or cable conducting or carrying less than said 
voltage shall be at least thirty-six inches in measurement 
in a horizontal line ; and further provided, that in such con- 
struction all crossarms shall be at least thirty-six inches 
apart in a vertical line. 
Cross- W) Run, place, erect or maintain any wire or cable which 

arms shall conduct or carry at any one time more than six hun- 
wire^ ^ re( * vo ^ s °^ electricity, without causing each crossarm, or 
carrying such other appliance as may be used in lieu thereof, to which 
more such wire or cable is attached to be kept at all times painted 
GOO a bright yellow color, or, on such crossarm, or other appli- 
J ol J' s ance used in lieu thereof, shall be placed signs, providing, in 
painted white letters on a green background, not less than three (3) 
yellow, inches in height the words "high voltage" on the face and 
back of each crossarm. The provisions of this paragraph (d) 
shall not be held to apply to crossarms to which are attached 
wires or cables carrying or conducting more than ten thou- 
sand volts of electricity, and which are situated outside the 
corporate limits of any town or city which shall have been 
incorporated as a municipality. 
Guy (e) Run, place, erect or maintain any "guy" wire or "guy" 

wires cable attached to any pole or appliance to which is attached 
sulated! an y w * re or caD * e usea * to conduct or carry electricity, with- 






LABOR LAWS — GENERAL. 49 

out causing said "guy" wire or "guy" cable to be effectively 
insulated at all times at a distance of not less than four (4) 
feet nor more than eight (8) feet (measured along the line of 
said wire or cable) from the upper end thereof, and at a 
point not less than eight (8) feet vertically above the ground 
from the lower end thereof; and further provided, that wher- 
ever two or more "guy" wires or "guy" cables are attached 
to the same pole and same anchorage pole there shall be at 
least one foot, vertical space, between the points of attach- 
ment ; and further provided, that no insulation shall be 
required at the lower end of a "guy" wire or "guy" cable 
where same is attached to a grounded anchor ; and further 
provided, that where "guy" wires or "guy" cables are 
attached to a pole or structure of steel or other conducting 
material supporting wires or cables carrying in excess of 
fifteen thousand volts where pole or structure is thoroughly 
grounded no insulation shall be required at any point in said 
"guy" wire or "guy" cable ; none of the provisions of this 
paragraph (e) shall be held to apply to "guy" wires or "guy" 
cables attached to poles carrying no wire or cable other than 
telephone, telegraph or other "signal" wire or cable, and 
which are situated outside the corporate limits of any town 
or city which shall have been incorporated as a municipality. 

(/) Run, place, erect or maintain vertically on any pole Vertical 
any wire or cable used to conduct or carry electricity, with- *j r *f . 
out causing such wire or cable to be at all times wholly in- sulated. 
cased in a casing equal in durability and insulating efficiency 
to a wooded casing not less than one and one-half inches 
thick. The provisions of this paragraph (/) shall not be 
held to apply to vertical telephone, telegraph or other "signal" 
wires or cables on poles where no other such wires or cables 
are maintained, and w T hich are outside the corporate limits of 
any town or city which shall have been incorporated as a 
municipality; nor to wires or cables run vertically on iron 
poles or structures where both pole or structure and conduit 
are securely grounded. 



50 BUREAU OF LABOR STATISTICS. 

Arc (d) Place, erect or maintain on any pole, or any crossarm 

lamps or other appliance on said pole, which carries or upon which 
not be is placed an electric arc lamp, any transformer for transform- 
placed ing electric currents; provided, however, that this section (g) 
^ t b° GS shall not apply if any arc lamp that shall be suspended so 
trans- that it can be trimmed from the ground or from a stand 
ormers. j ocate( j on j- ne p j e n0 £ ] ess than seven feet below the trans- 
former; and further provided, that in so suspending an arc 
lamp (where transformer is located on same pole) no wire 
or cable in connection therewith shall be run vertically on 
the pole unless said wire or cable be protected as provided 
for in paragraph (/) of this section 1. 
Wires (^) Run, place, erect or maintain any wire or cable carry- 

carrying ing more than fifteen thousand volts of electricity across any 
than w * re or cable carrying less than said voltage or across any 
15,000 public highway, except on pole of such height and so placed 
at each crossing that under no circumstances can said wire 
or cable of said voltage higher than fifteen thousand volts 
in case of breakage thereof or otherwise, come in contact with 
any wire or cable of less than said voltage, or fall within a 
distance of ten (10) feet from the surface of any public high- 
way ; or in lieu thereof double strength construction may be 
installed, in which case the wires carrying a voltage higher 
than fifteen thousand volts shall, between the points of cross- 
ing, be of a cross-section area equal to at least twice that 
used in the line outside of such crossing, except where the 
conductor used is equal to number four (4) stranded Brown 
and Sharpe gauge or greater, in which case the wires or 
cables will be considered as complying with the law. 
Safety (i) Run, place, erect or maintain any suspension wire to 

bolts which is attached any "aerial" cable of "75 pair number 
pension nineteen Brown and Sharpe gauge" or over, or of "100 pair 
wires. number twenty-two Brown and Sharpe gauge" or over sus- 
pended from a crossarm (or from any other structure or ap- 
pliance from which said suspension wire is hung), by a 
single bolt and clamp without at the same time attaching 
said suspension wire to said crossarms, structure or appli- 
ance by an additional "safety" bolt and clamp (or other 
"safety" appliance for thus attaching said suspension wire) 
of tensile strength equal to the first herein said bolt and 
clamp. 



LABOR LAWS GENERAL. 51 

Sec. 2. None of the provisions of the preceding section p re ced 
shall be held to apply to "direct current' , electric wires or 1 ' 1 ?" 01 

» LL • Iff * 1- SPPll- 

cables having the same polarity, nor to "signal wires when cab i e to 
no more than two (2) of such "signal" wires are attached direct 
. , -. /• ■ -j- *.« current 

to any one pole ; provided, that none of such "direct current ^ res> 

or "signal" wires shall in any case be run, placed, erected or etc. 
maintained within the distance of thirteen (13) inches from 
the center line of any pole (other than the pole or poles on 
which said wires or cables are carried) carrying electric 
wires or cables ; and provided, further, that as between any 
two wires, or cables, or any wire or cable run, placed, erected 
or maintained in violation of the provisions of this section 2 
only the wire or cable last in point of time run, placed, 
erected or maintained shall be held to be run, placed, erected 
or maintained thus in violation of said provisions. 

Sec. 3. (As amended, Stats. 1915, chap. 600.) No com- Fpan 
mission, officer, agent or employee of the State of California, ™ e5 ' 
or of any city and county or city or county or other political 
subdivision thereof, and no other person, firm or corporation 
shall run, place, erect or maintain any "span" wire attached 
to any wire or cable used to conduct or carry electricity, 
without causing said "span" wire to be at all times effec- 
tively insulated between the outer point at which it is in 
any case fastened to the pole or other structure by which 
it is hung or supported, and at the point at which it is • 
in any case thus attached ; provided, that such insulation 
shall not in any case be placed less than two (2) feet or 
more than four (4) feet from said point at which said 
"span" wire is so attached, and that when in any case 
such "span" wire is attached along its length to any two (2) 
such wires or cables, conducting or carrying electricity and 
extending parallel to each other, not more than eighteen (18) 
feet apart, such insulation shall not be required therein at 
any point between such parallel wires or cables ; none of the 
provisions of this section three (3) shall be held to apply 
where "feeder" wires are used in place of "span" wires. 

Sec. 4. Any violation of any provision of this act shall Penalty 
be deemed to be a misdemeanor, and shall be punishable fnT ¥io ~ 
upon conviction by a fine of not exceeding five hundred 
dollars ($500.00) or by imprisonment in a county jail not 



BUREAU OF LABOR STATISTICS. 

exceeding six (6) months or by both such fine and imprison- 
ment. 

Sec. 5. All acts or parts of acts which are in conflict 
with the, or with any* of the provisions of this, act are 
hereby repealed. 

Sec. 6. This act shall take effect six months from the 
date of its passage in so far as it relates to new work, and 
a period of rive years shall be allowed in which to recon- 
struct all existing work and construction to comply with 
the provisions of this act. 

Sec. 7. (Added by chap. 600, Stats. 1915.) Any commis- 
sion, officer, agent or employee of the State of California 
or any city and county, or city or county, or other political 
subdivision thereof, or any other person, firm or corporation 
may upon proper application to the railroad commission of 
the State of California be granted by said railroad com- 
mission an extension of time beyond that provided for in sec- 
tion 6 of this act ; provided, it is shown to the satisfaction 
of said commission that the provisions of this act can not 
be complied with by said applicant within said time, or that 
the applicant for good and sufficient reasons has not been 
able to comply with the provisions of this act, and that such 
applicant has heretofore used due diligence so to do within 
the time specified in said section 6. 

Sec. 8. (Added by chap. 600', Stats. 1915.) The railroad 
commission of the State of California is hereby vested with 
authority and power, at its discretion to grant such addi- 
tional time and is hereby instructed to inspect all work which 
is included in the provisions of this act, and to make such 
further additions or changes as said commission may deem 
necessary for the purpose of safety to employees and the 
general public, and the said railroad commission is hereby 
charged with the duty of seeing that all the provisions of 
this act are properly enforced. 



LABOR LAWS GENERAL. 53 

ACT No. 1025. 

(Stats. 1911, chap. 500.) 
Electricity — Regulating construction of manholes, etc. 

Section 1. No commission, officer, agent, or employee ofDimen- 
the State of California or of any city and county or city or s j ons ? f 
county or other political subdivision thereof, and no other W ire 
person, firm or corporation, shall build or rebuild or cause to subways. 
be built or rebuilt within the State of California : 

(a) Any subway, manhole, chamber, or underground room 
used or to be used to contain, encase, cover or conduct any 
wire, cable, or appliance, to conduct, carry or handle elec- 
tricity, unless such subway, manhole, chamber or under- 
ground room shall have an inside measurement of not less 
than four (4) feet at the maximum points between the side 
walls thereof, and between the end walls thereof, and not less 
than five (5) feet at all points between the floor thereof, 
and the top or ceiling thereof, or if circular in shape, at least 
four (4) feet diameter inside measurement, and not less than 
five (5) feet at all points between the floor and the ceiling 
thereof; provided, however, that this paragraph shall not be 
held to apply to any such subway, manhole, chamber or 
underground room, within which it is not intended or required 
that any human being perform work or labor or be employed ; 
further provided, that the provisions of this paragraph (a) 
shall not be held to apply where satisfactory proof shall be 
submitted to the proper authorities, that it is impracticable 
or physically impossible to comply with this law within the 
space or location so designated by the proper municipal 
authorities. 

(6) In any subway, manhole, chamber or underground Open- 
room used or to be used to contain, encase, cover or conduct m % s to 
any wire, cable or appliance to conduct, carry or handle air. 
electricity, any opening to outer air which is less than twenty- 
six (26) inches if circular in shape, or less than twenty- four 
(24) inches by twenty-six (26) inches clear measurement if 
rectangular in shape. 



54 BUEEAU OF LABOR STATISTICS. 

Open- (c)'In any subway, manhole, chamber or underground 

ings to room, used or to be used to contain, encase, cover or conduct 
i ess any wire, cable or appliance to conduct, carry or handle elec- 
than tricity, any opening- which is at the surface of the ground, 
feet within the distance of three (3) feet at any point from any 
from rail or any railway or street-car track; provided, that the 
l™ e " provisions of this paragraph (c) shall not be held to apply 
track. where satisfactory proof shall be submitted to the proper 
authorities that it is impracticable or physically impossible 
to comply with this law within the space or location so 
designated by the proper municipal authorities. 
Floor of (d) Any subway, manhole, chamber or underground room, 
subway used or to be used to contain, encase, cover or conduct any 
concrete, wire, cable, or appliance to conduct, carry, or handle elec- 
etc - tricity, unless the floor of such subway, manhole, chamber or 
underground room is made of stone, concrete, brick, or other 
similar material not subject to decomposition ; provided, that 
this paragraph (d) shall not be held to apply to any such 
subway, manhole, chamber or underground room within which 
it is not intended or required that any human being perform 
work or labor or be employed. 
Subways (e) Or maintain any subway, manhole, chamber or under- 
go be ground room, used, or to be used, to contain, encase, cover or 
f ree conduct any wire, cable or appliance to conduct, carry or 
from handle electricity, unless such subway, manhole, chamber or 
etcf age * underground room is kept at all times in a sanitary condition, 
and free from stagnant water, or seepage, or other drainage, 
or any offensive matter dangerous to health, either by sewer 
connection or otherwise; provided, that this paragraph (e) 
shall not be held to apply to any such subway, manhole, 
chamber or underground room, within which it is not intended 
or required that any human being perform work or labor or 
be employed. 
Penalty Sec. 2. Any violation of any provision of this act shall be 
forvio- deemed a misdemeanor, and shall be punishable upon con- 
viction by a fine not exceeding five hundred (500) dollars, or 
by imprisonment in a county jail not exceeding six (6) 
months, or by both such fine and imprisonment. 
. Sec. 3. None of the provisions of subdivisions a, 6, c, and 
d, of section one of this act, shall be so construed as to be 



LABOR LAWS GENERAL. 55 

retroactive or apply to works already constructed, and all 
acts or parts of acts which are in conflict with this act are 
hereby repealed. 

Sec. 4. This act shall take effect and be in force from and 
after the date of passage. 

ACT No. 1025a. 

(Stats. 1913, chap. 275.) 
Elevators in buildings under construction. 

Section 1. The words and phrases used in this act shall Deflnl- 
for the purposes of this act, unless the same be contrary tions - 
to or inconsistent with the context, be construed as follows : 

1. "Elevator" shall mean any means used to hoist persons 
or material of any kind on a building under course of con- 
struction, when operated by any power other than muscular 
power. . 

2. "Building" shall include structures of all kinds, regard- 
less of the purposes for which they may be intended to be 
used, and whether such construction be below or above the 
level of the ground. 

Sec. 2. Every hoist hereafter used in buildings during Signa i s 
the course of construction shall have a system of signals for and 
the purpose of signaling the person operating or controlling f^™ 
the machinery which may operate the hoist. And it shall be them, 
the duty of the person in charge of said building to appoint 
one or more persons to give such signals, such person to be 
selected from those most familiar with the work for which 
said hoist is being used. In the event that a building shall 
be over fifty feet in height, then two persons shall be ap- 
pointed to give such signals, one at the bottom of said hoist 
and the other at the top of said hoist, and the person at the 
bottom of said hoist shall signal the person at the top, who 
shall then signal the engineer or the person in charge of the 
machinery operating said hoist. In the event that the engineer 
or person in charge of the machinery operating said hoist is 
so situated that he has a clear and unobstructed view of the 
base of the elevator, then and in that event, regardless of the 
height of the building, no person shall be required to give 
signals at the bottom of said hoist. 



56 BUREAU OF LABOR STATISTICS. 

Inspec- Sec. 3. It shall be the duty of the commissioner of the 

tion of bureau of labor statistics to inspect all hoists coming within 
hoists 

the definition in section one of this act. And if any part of 

the construction or system of signals used on a hoist is 
defective or may endanger the lives of men working in the 
immediate vicinity of said hoist, he shall direct the person 
in charge thereof to remedy such defect, and such hoist shall 
not be used again until the order of the commissioner shall 
have been complied with. 
Penalty. Sec. 4. Any person, firm, copartnership or corporation or 
any agent, superintendent or manager of a corporation who 
shall violate any of the provisions of this act, shall upon con- 
viction thereof be guilty of a misdemeanor and punished by 
a fine not less than fifty dollars and not more than five 
hundred dollars, or by imprisonment in the county jail for 
not less than thirty days and not more than six months, or 
by both such fine and imprisonment. 

ACT No. 1038. 

(Stats. 1913, chap. 282.) 
Private employment agencies— Regulation and licensing. 

Defini- Section 1. 1. When used in this act the following terms 
are defined as herein specified : The term "person" means 
and includes any individual, company, society, association, 
corporation, manager, contractor, subcontractor or their 
agents or employees. 

2. The term "employment agency" means and includes the 
business of conducting, as owner, agent, manager, contractor, 
subcontractor, or in any other capacity an intelligence office, 
domestic and commercial employment agency, theatrical em- 
ployment agency, teachers' employment agency, general 
employment bureau, shipping agency, nurses' registry, or any 
other agency or office for the purpose of procuring or attempt- 
ing to procure help or employment or engagements for persons 
seeking employment or engagements, or for the registration of 
persons seeking such help, employment or engagement, or 
for giving information as to where and of whom such 
help, employment or engagement may be procured, where a 
fee or other valuable consideration is exacted, or attempted to 



tions. 



LABOR LAWS GENERAL. 57 

be collected, directly or indirectly, for such services, whether 
such business is conducted in a building or on the street or 
elsewhere. 

3. The term "theatrical employment agency" means and 
includes the business of conducting an agency, bureau, office 
or any other plac£ for the purpose of procuring or offering, 
promising or attempting to provide engagements for circus, 
vaudeville, theatrical and other entertainments or exhibitions 
or performances, or of giving information as to where such 
engagements may be procured or provided, whether such busi- 
ness is conducted in a building, or on the street or elsewhere. 

4. The term "theatrical engagement" means and includes 
any engagement or employment of a person as an actor, per- 
former or entertainer in a circus, vaudeville, theatrical and 
other entertainment, exhibition or performance. 

5. The term "emergency engagement" means and includes 
an engagement which has to be performed within twenty-four 
hours from the time when the contract for such engagement 
is made. 

6. The term "fee" means and includes any money or other 
valuable consideration paid or promised to be paid for serv- 
ices rendered or to be rendered by any person conducting an 
employment agency of any kind under the provisions of this 
article. Such term includes any excess of money received by 
any such person over what has been paid out by him for the 
transportation, transfer of baggage, or board and lodging for 
any applicant for employment ; such term also includes the 
difference between the amount of money received by any such 
person who furnishes employees, performers or entertainers 
for circus, vaudeville, theatrical and other entertainments, 
exhibitions or performances, and the amount paid by him to 
the said employees, performers or entertainers whom he hires 
or provides for such entertainments, exhibitions or perform- 
ances. 

7. The term "privilege" means and includes the furnishing 
of food, supplies, tools or shelter to contract laborers, com- 
monly known as commissary privileges. 

8. The term "commissioner of labor" means commissioner 
of the bureau of labor statistics. 

Sec. 2. A person shall not open, keep, maintain or carry License 
on any employment agency, as defined in the preceding sec- neces " 



58 BUREAU OF LABOR STATISTICS. 

tion, unless he shall have first procured a license therefor as 
provided in this article from the commissioner of labor. Such 
license shall be posted in a conspicuous place in said agency. 
Any person who shall open or conduct such an employment 
agency without first procuring said license shall be guilty 
of a misdemeanor and shall be punished as hereinafter pro- 
vided. 
Applica- Sec. 3. An application for such license shall be made to 
tlon * the commissioner of labor. Such application shall be written 
and in the form prescribed by the commissioner of labor, and 
shall state the name and address of the applicant ; the street 
and number of the building or place where the business is to 
be conducted ; whether the applicant proposes to conduct a 
lodging house for the unemployed separate from the agency 
which he proposes to conduct ; the business or occupation 
engaged in by the applicant for at least two years imme- 
diately preceding the date of the application. Such applica- 
tion shall be accompanied by the affidavits of at least two 
reputable residents of the city to the effect that the applicant 
is a person of good moral character, 
investi- Sec. ^- (^ s amended, Stats. 1915, chap. 551.) Upon 
gation receipt of an application for a license the commissioner of 
cation. 1 " l aDOr may cause an investigation to be made as to the 
character and responsibility of the applicant and of the 
premises designated in such application as the place in which 
it is proposed to conduct such agency. The commissioner of 
labor may administer oaths, subpoena witnesses and take 
testimony in respect to matters contained in such application 
and in complaints of any character against the applicants 
for such license, and upon proper hearing may refuse to 
Revoca- grant a license. Each application shall be granted or refused 

tion of within thirty days from date of filing. No license shall be 
license 

granted to a person to conduct the business of an employment 

agency in rooms used for living purposes, or where boarders 

or lodgers are kept, or where meals are served, or where 

persons sleep, or in connection with a building or premises 

where intoxicating liquors are sold to be consumed on the 

premises, excepting cafes and restaurants in office buildings. 

No license shall be granted to a person whose license has 

been revoked within three years from the date of application. 



LABOR LAWS GENERAL. 59 

Each license shall run to the thirty-first day of March next 
following the date thereof and no longer, unless sooner re- 
yoked by the commissioner of labor. The commissioner of 
labor shall have the power and authority to revoke any 
license after a hearing, when it is shown that the licensee 
or his agent has violated or failed to comply with any 
of the provisions of this act, or w T hen such licensee has ceased 
to be of good moral character, or when the conditions under 
which the license was issued have changed or no longer 
exist. At any hearing the commissioner of labor shall not be 
bound by the technical rules of evidence, and his rulings shall 
be presumed to be prima facie reasonable, and his findings 
of fact shall, in the absence of fraud, be conclusive and shall Appeal. 
be set aside by the superior court only on the following 
grounds : 

1. That the commissioner of labor acted without or in 
excess of his powers. 

2. That the determination was procured by fraud. 

Sec. 5. Every license shall contain the name of the person License 
licensed, a designation of the city, street and number of the to 
house in which the person licensed is authorized to carry on name, 1 " 
the said employment agency, and the number and date of etc. 
such license. Such license shall not be valid to protect any 
other than the person to whom it is issued or any place other 
than that designated in the license and shall not be trans- 
ferred or assigned to any other person unless consent is 
obtained from the commissioner of labor, as hereinafter pro- 
vided. If such licensed person shall conduct a lodging house 
for the unemployed separate and apart from such agency, it 
shall be so designated in the license. 

Sec. 6. A license granted as provided in this article shall Trans- 
not be assigned or transferred without the written consent of fer - 
the commissioner of labor. No license fee shall be required 
upon such assignment or transfer. The location of an em- 
ployment agency shall not be changed without the written 
consent of the commissioner of labor. 

Sec. 7. (As amended, Stats. 1915, chap. 551.) Every License 
person licensed under the provisions of this act to carry on fee - 
the business of an employment agency shall pay to the com- 
missioner of labor a license fee of one hundred dollars in 



60 BUREAU OF LABOR STATISTICS. 

cities of the first, first and one half and second classes, and 
a license fee of fifty dollars in cities of the third and fourth 
classes and a license fee of ten dollars in all other cities and 
towns. Such persons shall also deposit before such license is 
Bond issued, with the commissioner of labor, a surety bond in the 
required. p ena j sum f tw0 thousand dollars in cities of the first, first 
and one-half and second classes, or a surety bond in the penal 
sum of one thousand dollars in cities of the third and fourth 
classes, or a surety bond in the penal sum of five hundred 
dollars in all other cities and towns. Such surety bonds to 
be approved by the commissioner of labor and such bonds 
shall be payable to the people of the State of California, and 
shall be conditioned that the person applying for the license 
will comply with the provisions of this act and will pay all 
• damages occasioned to any person by reason of misstatement, 
misrepresentation, fraud or deceit or any unlawful acts or 
omissions of any licensed person, his agents or employees, 
while acting within the scope of their employment, made, 
committed or omitted in the business conducted under such 
license or caused by any other violation of this article in 
carrying on the business for which such license is granted. 
All moneys collected for licenses as provided herein and all 
fines collected for violations of the provisions hereof shall be 
paid into the state treasury and credited to the contingent 
fund of the bureau of labor statistics. 
Suits. Sec. 8. All claims or suits brought in any court against 

any licensed person may be brought in the name of the person 
damaged upon the bond deposited with the people of the 
State of California by such licensed person as provided in 
section seven, and may be transferred and assigned as other 
claims for damages in civil suits. The amount of damages 
claimed by plaintiff, and not the penalty named in the bond, 
shall determine the jurisdiction of the court in which the 
action is brought. Where such licensed person has departed 
from the state with intent to defraud his creditors or to avoid 
the service of a summons in an action brought under this 
section, service shall be made upon the surety as prescribed 
in the Code of Civil Procedure. A copy of such summons 
shall be mailed to the last known postoffice address of the 
residence of the licensed person and the place where he con- 



LABOR LAWS GENERAL. 61 

ducted such employment agency, as shown by the records of 
the commissioner of labor. Such service thereof shall be 
deemed to be made when not less than the number of days 
shall have intervened between the dates of service and the 
return of the same as provided by the Code of Civil Pro- 
cedure for the particular court in which suit has been 
brought. 

Sec. 9. It shall be the duty of every licensed person to Register. 
keep a register, approved by the commissioner of labor, in 
which shall be entered, in the English language, the date of 
the application for employment; the name and address of 
the applicant to whom employment is promised or offered, 
or to whom information or assistance is given in respect to 
such employment ; the amount of fee received, and such other 
information as the commissioner of labor shall require. Such 
licensed person shall also enter in the same or in a separate 
register, approved by the commissioner of labor, in the English 
language, the name and address of every applicant accepted 
for help, the date of such application, kind of help requested, 
the names of the persons sent, with the designation of the 
one employed, the amount of the fee received and the rate 
or wages agreed upon, and such other information as the com- 
missioner of labor may require. No such licensed person, 
his agent or employees, shall make any false entry in such 
registers. 

Sec. 10. All registers, books, records and other papers Registers 
kept pursuant to this act in any employment agency shall be °P en 
open at all reasonable hours to the inspection of the commis- inspec- 
sioner of labor and to any of his duly authorized agents or tion « 
inspectors and every licensed person shall furnish to the com- 
missioner upon request a true copy of such registers, books, 
records and papers or any portion thereof, and shall make 
such reports as the commissioner may prescribe. 

Sec. 11. It shall be the duty of every licensed person Receipt, 
conducting an employment agency to give to every applicant 
for employment from whom a fee shall be received a receipt 
in which shall be stated the name and address of such employ- 
ment agency, the name and address of the person to whom 
the applicant is sent for employment, the name of the appli- 
cant, the date, the amount of fee, the kind of work or service 



62 BUREAU OF LABOR STATISTICS. 

to be performed, the general conditions of employment — 
including among other things the rate of wages or compensa- 
tion, whether or not board and lodging is to be furnished, the 
hours of employment, the cost of transportation and whether 
or not it is to be paid by the employer, the time of such 
service, if definite and if indefinite to be so stated, and the 
name of the person authorizing the hiring of such applicant. 
There shall be printed on the face of the receipt in prominent 
type the following : "This agency is licensed by the commis- 
sioner of labor of the State of California." All receipts shall 
be made and numbered in original and duplicate. The 
original shall be given to the applicant paying the fee and the 
duplicate shall be kept on file at the employment agency. 
The receipts used by such licensed agencies shall be approved 
by the commissioner of labor. 
Return Sec. 12. (As amended, Stats. 1915, chap. 551.) No such 
of fees licensed person shall accept a fee from any applicant for 
penses. employment, or send out any applicant for employment with- 
out having obtained, either orally or in writing, a bona fide 
order therefor, and in no case shall such licensed person 
accept, directly or indirectly, a registration fee of any kind. 
In case the applicant paying a fee fails to obtain employment 
such licensed agency shall repay the amount of said fee to 
such applicant upon demand being made therefor; provided, 
that in cases where the applicant paying such fee is sent 
beyond the limits of the city in which the employment agency 
is located, such licensed agency shall repay in addition to the 
said fee any actual expenses incurred in going to and return- 
ing from any place where such applicant has been sent; 
provided, however, where the applicant is employed and 
the employment lasts less than seven days by reason of the 
discharge of the applicant, the employment agency shall 
return to said applicant the fee paid by such applicant to 
the employment agency, or such portion of said fee as in the 
judgment of the commissioner of labor may be adequate. 
False Sec. 13. No licensed person conducting an employment 

adver- agency shall publish or cause to be published any false or 
p 1 ^" 2 fraudulent or misleading information, representation, notice 
hibited. or advertisement ; all advertisements of such employment 
agency by means of cards, circulars, or signs and in news- 



LABOR LAWS GENERAL. 63 

papers and other publications, and all letterheads, receipts, 
and blanks shall be printed and contain the licensed name 
and address of such employment agent and the word agency, 
and no licensed person shall give any faise information, or 
make any false promise or false representation concerning 
an engagement or employment to any applicant who shall 
register or apply for an engagement or employment or help. 

Sec. 14. (As amended, Stats. 1915, chap. 551.) No li-Prohibi- 
censed person conducting an employment agency shall send* 1 ,^™ 
or cause to be sent, any woman or minor under the age of agent, 
twenty-one years, as an employee to any house of ill fame 
or to any house or place of amusement for immoral purposes, 
or to places resorted to for the purpose of prostitution, or 
gambling houses, the character of which such licensed person 
could have ascertained upon reasonable inquiry. No licensed 
person shall send any minor under the age of eighteen years 
to any saloon or place where intoxicating liquors are sold to 
be consumed on the premises. No licensed person shall know- 
ingly permit any person of bad character, prostitutes, 
gamblers, intoxicated persons or procurers to frequent such 
agencies. No licensed person shall accept any application for 
employment made by or on behalf of any child, or shall place 
or assist in placing any such child in any employment what- 
ever in violation of the child labor law. No licensed person 
shall send an applicant to any place where a strike, lockout 
or other labor trouble exists without notifying the applicant 
of such conditions and shall in addition thereto enter a state- 
ment of such facts upon the receipt given to such applicant. 
No licensed person shall divide fees with an employer, or an 
agent of an employer, or with any superintendent, manager, 
foreman, or other employee of any person, firm or corporation 
to which help is furnished. 

Sec. 15. Every licensed person conducting a theatrical Theat- 
employment agency, before making a theatrical engagement, rical 
except an emergency engagement, for any person with any n ^nt 
applicant for services in any such engagement shall prepare a sency. 
and file in such agency a written statement signed and verified 
by such licensed person setting forth how long the applicant 
has been engaged in the theatrical business. Such state- 
ment shall set forth whether or not such applicant has failed 



64 BUBEAU OF LABOB STATISTICS. 

to pay salaries or left stranded any companies, in which 
such applicant and, if a corporation, any of its officers or 
directors, have been financially interested during the five years 
preceding the date of application and, further, shall set forth 
the names of at least two persons as references. If such 
applicant is a corporation, such statement shall set forth the 
names of the officers and directors thereof and the length of 
time such corporation or any of its officers have been engaged 
in the theatrical business and the amount of its paid-up 
capital stock. If any allegation in such written, verified 
statement is made upon information and belief, the person 
verifying the statement shall set forth the sources of his 
information and the grounds of his belief. Such statement 
so on file shall be kept for the benefit of any person whose 
services are sought by any such applicant as employer. 
Theat- Sec. 16. Every licensed person who shall procure for or 
Sm- °^ er to an applicant a theatrical engagement shall have 
tracts, executed in duplicate a contract containing the name and 
address of the applicant ; the name and address of the em- 
ployer of the applicant and of the person acting for such 
employer in employing such applicant ; the time and duration 
of such engagement; the amount to be paid to such appli- 
cant ; the character of entertainment to be given or services 
to be rendered; the number of performances per day or per 
week that are to be given by said applicant ; if a vaudeville 
engagement, the name of the person by whom the trans- 
portation is to be paid, and if by the applicant, either the cost 
of the transportation between the places where said enter- 
tainment or services are to be given or rendered, or the 
average cost of transportation between the places where such 
services are to be given or rendered ; and if a dramatic 
engagement the cost of transportation to the place where the 
services begin if paid by the applicant ; and the gross commis- 
sion or fees to be paid by said applicant and to whom. Such 
contracts shall contain no other conditions and provisions 
except such as are equitable between the parties thereto and 
do not constitute an unreasonable restriction of business. 
The form of such contract shall be first approved by the com- 
missioner of labor and his determination shall be reviewable 
by certiorari. One of such duplicate contracts shall be 



LABOR LAWS — GENERAL. 05 

delivered to the person engaging the applicant and the other 
shall be retained by the applicant. The licensed person pro- 
curing such engagement for such applicant shall keep on file 
or enter in a book provided for that purpose a copy of such 
contract. 

Sec. 17. Every licensed person shall post in a con- Act 
spicuous place in each room of such agency a copy of this to be 
act. Such printed law to also contain the name and address pos e ' 
of the officer charged with the enforcement of this act. The 
commissioner of labor shall furnish printed copies of this 
act to the employment agencies. 

Sec. 18. Any person, firm, corporation or their agents Penalty. 
or representatives violating or omitting to comply with any 
of the provisions of this act shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punished by a fine of not 
less than fifty dollars or more than two hundred and fifty 
dollars or by imprisonment for a period of not more than 
sixty days or by both such fine and imprisonment. 

Sec. 19. The commissioner of labor, his deputies and 
agents shall have the power and authority of sheriffs and 
other peace officers to make arrests for violations of the 
provisions of this act and to serve any process or notice 
throughout the state. 

Sec. 20. All acts and parts of acts in conflict with the 
provisions of this act are hereby repealed. 

ACT No. 1039. 

(Stats. 1915, chap. 302.) 

Free employment bureaus. 

Section 1. The commissioner of the bureau of labor sta- Free em- 

tistics, hereinafter called "commissioner," shall establish free Pl°* vment 

' . . . ' bureaus 

employment bureaus in the cities of San Francisco, Los estab- 

Angeles, Oakland and Sacramento, and thereafter, whenever hshed. 

he deems it necessary, in other cities and towns. 

Sec. 2. The commissioner shall procure, by lease or other- Officers, 

wise, suitable offices ; incur the necessary expenses in the 

conduct thereof ; appoint the necessary officers, assistants and 

clerks, and fix the compensation therefor ; and promulgate 

rules and regulations for the conduct of free employment 

bureaus in order to carry out the purposes of this act. 

5—32683 



66 BUREAU OF LABOR STATISTICS. 

Appro- Sec. 3. There is hereby appropriated out of the moneys 
priation. f the state treasury, not otherwise appropriated, the sum of 
fifty thousand dollars, to be used by the commissioner in 
carrying out the provisions of this act, and the controller is 
hereby directed from time to time to draw his warrants on 
the general fund in favor of the commissioner, for the amounts 
expended under his direction, and the treasurer is hereby 
authorized and directed to pay the same. 

ACT No. 1098. 

(Stats. 1889, page 3.) 
Sanitation and ventilation of factories and workshops. 

Sanita- Section 1. Every factory, workshop, mercantile or other 
establishment, in which five or more persons are employed, 
shall be kept in a cleanly state and free from the effluvia 
arising from any drain, privy, or other nuisance, and shall be 
provided, within reasonable access, with a sufficient number 
of water-closets or privies for the use of the persons employed 
therein. Whenever the persons employed as aforesaid are of 
different sexes, a sufficient number of separate and distinct 
water-closets or privies shall be provided for the use of each 
sex, which shall be plainly so designated, and no person shall 
be allowed to use any water-closet or privy assigned to per- 
sons of the other sex. 
Ventila- Sec. 2. Every factory or workshop in which five or more 
tion. persons are employed shall be so ventilated while work is 
carried on therein that the air shall not become so exhausted 
as to be injurious to the health of the persons employed 
therein, and shall also be so ventilated as to render harm- 
less, as far as practicable, all the gases, vapors, dust, or 
other impurities generated in the course of the manufac- 
turing process or handicraft carried on therein, that may 
be injurious to health. 
Use of Sec. 3. No basement, cellar, underground apartment, or 
cellars. ther place which the commission of the bureau of labor 
statistics shall condemn as unhealthful and unsuitable, shall 
be used as a workshop, factory, or place of business in which 
any person or persons shall be employed. 
Exhaust Sec. 4. (As amended, Stats. 1909, p. 43.) In any factory, 
fans. workshop, or other establishment where a work or process 



LABOR LAWS — GENERAL. 67 

is carried on by which dust, filaments, or injurious gases are 
produced or generated, that are liable to be inhaled by per- 
sons employed therein, the person, firm, or corporation, by 
whose authority the said work or process is carried on, shall 
cause to be provided and used in said factory, workshop or 
other establishment, exhaust fans or blowers with pipes and 
hoods extending therefrom to each machine, contrivance or 
apparatus by which dust, filaments, or injurious gases are 
produced or generated. The said fans and blowers, and the 
said pipes and hoods, all to be properly fitted and adjusted 
and of power and dimensions sufficient to effectually prevent 
the dust, filaments, or injurious gases produced or generated 
by the above said machines, contrivances or apparatus, from 
escaping into the atmosphere of the room or rooms of said 
factory, workshop or other establishment where persons are 
employed. 

*Sec. o. (As amended, Stats. 1903, p. 14.) Every person, g ea tg 
firm, or corporation employing females in any manufactur- for 
ing, mechanical, or mercantile establishment shall provide e ^ ae 
suitable seats for the use of the females so employed, and ployees. 
shall provide such seats to the number or at least one third 
the number of females so employed ; and shall permit the use 
of such seats by them when they are not necessarily engaged 
in the active duties for which they are employed. 

Sec. 6. (As amended, Stats. 1901, p. 572.) Any person p ena lty. 
or corporation violating any of the provisions of this act 
is guilty of a misdemeanor, and upon conviction thereof 
shall be punished by a fine of not less than fifty dollars nor 
more than three hundred dollars, or by imprisonment in the 
county jail for not less than thirty days nor more than ninety 
days, or by both such fine and imprisonment, for each offense. 

Sec. 7. It shall be the duty of the commissioner of theEnforce- 
bureau of labor statistics to enforce the provisions of this act. ment « 

Sec. 8. This act shall take effect and be in force from 
and after its passage. 



* Superseded by Stats. 1913, chap. 352. 



68 BUREAU OF LABOR STATISTICS. 

ACT No. 1458e. 

(Stats. 1915, chap. 124.) 

Convict labor on state highways. 

Convicts Section 1. The department of engineering of the State of 
state California may employ, or cause to be employed, convicts 
highway confined in the state prisons in the construction, imp rove- 
work, ment and maintenance of the state highway system provided 
for in the "State Highways Act," approved March 22, 1909, 
and in the construction, improvement and maintenance of 
any other state roads in California. 

Upon the requisition of the department of engineering the 

state board of prison directors shall send to the place and at 

the time designated the number of convicts requisitioned, or 

such portion thereof as are in the judgment of the warden 

available. 

Depart- Sec. 2. The department of engineering shall designate and 

engi- supervise all road work done under the provisions of this 

neering act. It shall provide, supervise and maintain necessary 

\lse UPer ~ camps and commissariat. 

work. Sec. 3. The state board of prison directors shall have 

Prison f u u jurisdiction at all times over the discipline and control 

directors „ . , 

shall of convicts employed on state roads. 

d |? ci " Sec. 4. The expense of transportation of labor, necessary 

guarding, commissariat, camps, and all other expense inci- 

Ex ~ dental to such work shall be borne by the respective funds 

provided for such state road or highway work in the manner 

provided by law. 

Convicts Sec. 4J. Said convicts when employed under the pro- 

not to visions of this act shall not be used for the purpose of building 

bridges, any bridge or structure of like character which requires the 

employment of skilled labor. 

Good- Sec. 5. The state board of prison directors is hereby 

allow- empowered and directed to adopt a special rule applicable 

ance for solely to convicts employed as herein authorized and con- 

w templated, whereby convicts so employed shall be granted 

additional good-time allowance conditioned upon their loyal, 

obedient and efficient co-operation with the state, but such 

additional good-time allowance shall not exceed one day for 

each two calendar days that the convict is absent from the 

prison. 



LABOR LAWS — GENERAL. 69 

Sec. 6. Any person who, without authority, interferes i n ter- 
with or in any way interrupts the work of any convict em- ference 
ployed pursuant to this act, and any person not authorized ewmets 
by law, who gives or attempts to give to any state prison felony. 
convict so employed any opium, cocaine, or other narcotic, or 
any intoxicating liquors of any kind whatever, or firearms, 
weapons or explosives of any kind, is guilty of a felony, and 
upon conviction thereof shall be punished by imprisonment in 
the state prison for a term not less than one year nor more 
than five years, and shall be disqualified from holding any 
state office or position in the employ of this state. Any Penalty. 
officer or guard of any state prison, or any superintendent of 
such road work, having in charge the convicts employed 
upon such highways, may arrest without a warrant any per- 
son violating any provision of this section. 

Sec. 7. All acts and parts of acts in conflict with the Repealed 
provisions of this act are hereby repealed. 

ACT No. 1537. 

(Stats. 1911, chap. 258.) 
Eight hour law for women. 

Section 1. (As amended, Stats. 1913, chap. 352; Stats. Females 
1917, chap. 582.) No female shall be employed in any not k to 
manufacturing, mechanical or mercantile establishment, more 
laundry, hotel, public lodging house, apartment house, hos- *?■" 
pital, place of amusement, or restaurant, or telegraph or hours 
telephone establishment or office, or by any express or trans- per day - 
portation company in this state more than eight hours 
during any one day or more than forty-eight hours in one 
week. The hours of work may be so arranged as to permit 
the employment of females at any time so that they shall 
not work more than eight hours during the twenty-four 
hours of one clay, or forty-eight hours during any one week ; 
provided, hoioever, that the provisions of this section in 
relation to hours of employment shall not apply to or affect 
graduate nurses in hospitals, nor the harvesting, curing, 
canning or drying of any variety of perishable fruit, fish 
or vegetable during such periods as may be necessary to 
harvest, cure, can or dry said fruit, fish or vegetable i*» 
order to save the same from spoiling. 



70 BUBEATT OF LABOR STATISTICS. 

Seats. Sec. 2. Every employer in any manufacturing, mechanical 

or mercantile establishment, laundry, hotel, or restaurant, or 
other establishment employing any female, shall provide suit- 
able seats for all female employees, and shall permit them to 
use such seats when they are not engaged in the active duties 
of their employment. 
Enforce- Sec. 3. The bureau of labor statistics shall enforce the 
ment. provisions of this act. The commissioner, his deputies and 
agents, shall have all powers and authority of sheriffs or other 
peace officers, to make arrests for violations of the provisions 
of this act, and to serve all processes and notices thereunder 
throughout the state. 
Penalty. Sec. 4. Any employer who shall permit or require any 
female to work in any of the places mentioned in section one 
more than the number of hours provided for in this act dur- 
ing any day of twenty-four hours, or who shall fail, neglect, 
or refuse to so arrange the work of females in his employ so 
that they shall not work more than the number of hours pro- 
vided for in this act during any day of twenty-four hours, or 
who shall fail, neglect, or refuse to provide suitable seats as 
provided in section two of this act, or who shall permit or 
suffer any overseer, superintendent, foreman, or other agent 
of any such employer to violate any of the provisions of this 
act, shall be guilty of a misdemeanor, and upon conviction 
thereof shall be punished for a first offense, by a fine of not 
less than twenty-five dollars nor more than fifty dollars ; for 
a second offense, by a fine of not less than one hundred dol- 
lars nor more than two hundred and fifty dollars; or by 
imprisonment for not more than sixty days, or by both such 
fine and imprisonment. All fines imposed and collected under 
the provisions of this act shall be paid into the state treasury 
and credited to the contingent fund of the bureau of labor 
statistics. 

ACT No. 1608. 
(State. 1913, chap. 324.) 
Industrial welfare commission — Minimum wage law. 
Commis- Section 1. There is hereby established a commission to 
si ° n be known as the industrial welfare commission, hereinafter 
lished. called the commission. Said commission shall be composed 
of five persons, at least one of whom shall be a woman, and 



LABOR LAWS GENERAL. 71 

all of whom shall be appointed by the governor as follows : 
Two for the term of one year, one for the term of two years, 
one for the term of three years, and one for the term of four 
years ; provided, however, that at the expiration of their 
respective terms, their successors shall be appointed to serve 
a full term of four years. Any vacancies shall be similarly 
filled for the unexpired portion of the term in which the 
vacancy shall occur. Three members of the commission shall 
constitute a quorum. A vacancy on the commission shall 
not impair the right of the remaining members to perform all 
the duties and exercise all the powers and authority of the 
commission. 

Sec. 2. The members of said commission shall draw no Compen- 
salaries but all of said members shall be allowed ten dollars sation - 
per diem while engaged in the performance of their official 
duties. The commission may employ a secretary, and such 
expert, clerical and other assistants as may be necessary to 
carry out the purposes of this act, and shall fix the compensa- 
tion of such employees, and may, also, to carry out such 
purposes, incur reasonable and necessary office and other 
expenses, including the necessary traveling expenses of the 
members of the commission, of its secretary, of its experts, 
and of its clerks and other assistants and employees. All 
employees of the commission shall hold office at the pleasure 
of the commission. 

Sec. 3. (a) It shall be the duty of the commission to Duties# 
ascertain the wages paid, the hours and conditions of labor 
and employment in the various occupations, trades, and 
industries in which women and minors are employed in the 
State of California, and to make investigations into the 
comfort, health, safety and welfare of such women and 
minors. 

(b) It shall be the duty of every person, firm or corpora- 
tion employing labor in this state : 

1. To furnish to the commission, at its request, any and 
all reports or information which the commission may require 
to carry out the purposes of this act, such reports and infor- 
mation to be verified by the oath of the person, or a member 
of the firm, or the president, secretary, or manager of the 



TZ BUREAU OF LABOR STATISTICS. 

corporation furnishing the same, if and when so requested 
by the commission or any member thereof. 

2. To allow any member of the commission, or its secre- 
tary, or any of its duly authorized experts or employees, free 
access to the place of business or employment of such per- 
son, firm, or corporation, for the purpose of making any 
investigation authorized by this act, or to make inspection 
of, or excerpts from, all books, reports, contracts, pay rolls, 
documents, or papers, of such person, firm or corporation 
relating to the employment of labor and payment therefor 
by such person, firm or corporation. 

3. To keep a register of the names, ages, and residence 
addresses of all women and minors employed. 

(c) For the purposes of this act, a minor is defined to be 
a person of either sex under the age of eighteen years. 
Public Sec. 4. The commission may specify times to hold public 

hearings. h. ear mgs, at which times, employers, employees, or other inter- 
ested persons, may appear and give testimony as to the mat- 
ter under consideration. The commission or any member 
thereof shall have power to subpoena witnesses and to admin- 
ister oaths. All witnesses subpoenaed by the commission 
shall be paid the fees and mileage fixed by law in civil cases. 
In case of failure on the part of any person to comply with 
any order of the commission or any member thereof, or any 
subpoena, or upon the refusal of any witness to testify to any 
matter regarding which he may lawfully be interrogated 
before any wage board or the commission, it shall be the 
duty of the superior court or the judge thereof, on the applica- 
tion of a member of the commission, to compel obedience in 
the same manner, by contempt proceedings or otherwise, that 
such obedience would be compelled in a proceeding pending 
before said court. The commission shall have power to make 
and enforce reasonable and proper rules of practice and pro- 
cedure and shall not be bound by the technical rules of 
evidence. 
Confer- Sec. 5. If, after investigation, the commission is of the 
ence. opinion that, in any occupation, trade, or industry, the wages 
paid to women and minors are inadequate to supply the cost 
of proper living, or the hours or conditions of labor are preju- 
dicial to the health, morals or welfare of the workers, the 



LABOR LAWS — GENERAL. 73 

commission may call a conference, hereinafter called "wage 
board," composed of an equal number of representatives of 
employers and employees in the occupation, trade, or industry 
in question, and a representative of the commission to be des- 
ignated by it, who shall act as the chairman of the wage 
board. The members of such wage board shall be allowed five 
dollars per diem and necessary traveling expenses while en- 
gaged in such conferences. The commission shall make rules 
and regulations governing the number and selection of the 
members and the mode of procedure of such wage board, and 
shall exercise exclusive jurisdiction over all questions arising 
as to the validity of the procedure and of the recommendations 
of such wage board. The proceedings and deliberations of 
such wage board shall be made a matter of record for the 
use of the commission, and shall be admissible as evidence in 
any proceedings before the commission. On request of the 
commission, it shall be the duty of such wage board to report 
to the commission its findings, including therein : 

1. An estimate of the minimum wage adequate to supply to 
woman and minors engaged in the occupation, trade or indus- 
try in question, the necessary cost of proper living and to 
maintain the health and welfare of such women and minors. 

2. The number of hours of work per day in the occupation, 
trade or industry in question, consistent with the health and 
welfare of such women and minors. 

3. The standard conditions of labor in the occupation, trade 
or industry in question, demanded by the health and welfare 
of such women and minors. 

Sec. 6. (a) The commission shall have further power Power 
after a public hearing had upon its own motion or upon to ta 
petition, to fix : etc. 

1. A minimum wage to be paid to women and minors 
engaged in any occupation, trade or industry in this state, 
which shall not be less than a wage adequate to supply to 
such women and minors the necessary cost of proper living 
and to maintain the health and welfare of such women and 
minors. 

2. The maximum hours of work consistent with the health 
and welfare of women and minors engaged in any occupa- 
tion, trade or industry in this state ; provided, that the hours 



74 BUREAU OF LABOR STATISTICS. 

so fixed shall not be more than the maximum now or hereafter 
fixed by law. 

3. The standard conditions of labor demanded by the 
health and welfare of the women and minors engaged in any 
occupation, trade or industry in this state. 

(6) Upon the fixing of a time and place for the holding 
of a hearing for the purpose of considering and acting upon 
any matters referred to in subsection (a) hereof, the commis- 
sion shall give public notice by advertisement in at least one 
newspaper published in each of the cities of Los Angeles and 
Sacramento and in the city and county of San Francisco, and 
by mailing a copy of said notice to the county recorder of 
each county in the state, of such hearing and purpose thereof, 
which notice shall state the time and place fixed for such 
hearing, which shall not be earlier than fourteen days from 
the date of publication and mailing of such notices. 

(c) After such public hearing, the commission may, in its 
discretion, make a mandatory order to be effective in sixty 
days from the making of such order, specifying the minimum 
wage for women or minors in the occupation in question, the 
maximum hours ; provided, that the hours specified shall not 
be more than the maximum for women or minors in Califor- 
nia, and the standard conditions of labor for said women or 
minors ; provided, however, that no such order shall become 
effective until after April 1, 1914. Such order shall be pub- 
lished in at least one newspaper in each of the cities of Los 
Angeles and Sacramento and in the city and county of San 
Francisco, and a copy thereof be mailed to the county recorder 
of each county in the state, and such copy shall be recorded 
without charge, and to the labor commissioner who shall 
send by mail, so far as practicable, to each employer in the 
occupation in question, a copy of the order, and each em- 
ployer shall be required to pest a copy of such order in the 
building in which women or minors affected by the order are 
employed. Failure to mail notice to the employer shall not 
relieve the employer from the duty to comply with such 
order. Finding by the commission that there has been such 
publication and mailing to county recorders shai! be con- 
clusive as to service. 



LABOR LAWS GENERAL. 75 

Sec. 7. Whenever wages, or hours, or conditions of labor Rescind 

have been so made mandatorv in any occupation, trade, or or . 
. , , . . ...... amend 

industry, the commission may at any time in its discretion, order. 

upon its own motion or upon petition of either employers or 
employees, after a public hearing held upon the notice pre- 
scribed for an original hearing, rescind, alter or amend any 
prior order. Any order rescinding a prior order shall have 
the same effect as herein provided for in an original order. 

Sec. 8. (As amended, Stats. 1915, chap. 571.) (a) For License 
any occupation in which a minimum wage has been estab- \° P nys ~ 
lished, the commission may issue to a woman physically defec- 
defective by age or otherwise, a special license authorizing tive - 
the employment of such licensee, for a period of six months, 
for a wage less than such legal minimum wage ; and the com- 
mission shall fix a special minimum wage for such person. 
Any such license may be renewed for like periods of six 
months. 

(6) For any occupation in which a minimum wage has License 
been established, the commission may issue to an apprentice *°_ 
or learner, a special license authorizing the employment of tices and 
such apprentice or learner, for such time and under such learners - 
conditions as the commission may determine at a wage less 
than such legal minimum wage ; and the commission shall fix 
a special wage for such apprentice or learner. 

(c) The commission may fix the maximum number of 
women, and minors under eighteen years of age, to be 
employed under the licenses provided for in subdivisions (a) 
and (&) of this section in any occupation, trade, industry or 
establishment in which a minimum wage has been established. 

Sec. 9. Upon the request of the commission, the labor Sta- 
commissioner shall cause such statistics and other data and IS 1CS ' 
information to be gathered, and investigations made, as the 
commission may require. The cost thereof shall be paid out 
of the appropriations made for the expenses of the commis- 
sion. 

Sec. 10. Any employer who discharges, or threatens to j^isde- 
discharge, or in any other manner discriminates against anymeanor. 
employee because such employee has testified or is about to 
testify, or because such employer believes that said employee 
may testify in any investigation or proceedings relative to the 



76 BUBEAU OF LABOR STATISTICS. 

enforcement of this act, shall be deemed guilty of a misde- 
meanor. 
Payment Sec. 11. (As amended, Stats. 1915, chap. 571.) The mini- 
ofless mum wage for women and minors fixed by said commission 
min- as in this act provided, shall be the minimum wage to be 
imum paid to such employees, and the payment to such employees 
pro- of a less wage than the minimum so fixed shall be unlawful, 
hibited. an( j every employer or other person who, either individually 
or as an officer, agent, or employee of a corporation or other 
person, pays or causes, lo be paid to any such employee a 
wage less than such minimum, shall be guilty of a misde- 
meanor, and upon conviction thereof shall be punished by a 
Viola- fine of not less than fifty dollars, or by imprisonment for not 
rulings * ess ^ an * n i rt y days, or by both such fine and imprisonment ; 
and every employer or other person who, either individually 
or as an officer, agent or employee of a corporation, or other 
persons, violates or refuses or neglects to comply with the 
provisions of this act, or any orders or rulings of this corn- 
Penalty, mission, shall be guilty of a misdemeanor, and upon convic- 
tion thereof be punished by a fine of not less than fifty dollars, 
or by imprisonment for not less than thirty days, or by both 
such fine and imprisonment. 
Rulings Sec. 12. (As amended, Stats. 1915, chap. 571.) In every 
reason^ Prosecution for violation of any provision of this act, the 
able. minimum wage, the maximum hours of work and the stand- 
ard conditions of labor fixed by the commission as herein 
provided, shall be prima facie presumed to be reasonable and 
lawful, and to be the living wage, the maximum hours of 
work and standard conditions of labor required herein. The 
findings of fact made by the commission acting within its 
powers shall, in the absence of fraud, be conclusive ; and the 
determination made by the commission shall be subject to 
Appeal, review only in a manner and upon the grounds following : 
within twenty days from the date of the determination, any 
party aggrieved thereby may commence in the superior court 
in and for the city and county of San Francisco, or in and 
for the counties of Los Angeles or Sacramento, an action 
against the commission for review of such determination. 
In such action a complaint, which shall state the grounds 
upon which a review is sought, shall be served with the 



LABOR LAWS — GENERAL. 77 

summons. Service upon the secretary of the commission, or 
any member of the commission, shall be deemed a complete 
service. The commission shall serve its answer within 
twenty days after the service of the complaint. With its 
answer, the commission shall make a return to the court of 
all documents and papers on file in the matter, and of all 
testimony and evidence which may have been taken before 
it, and of its findings and the determination. The action 
may thereupon be brought on for hearing before the court 
upon such record by either party on ten days' notice of the 
other. Upon such hearing, the court may confirm or set 
aside such determination ; but the same shall be set aside 
only upon the following grounds : 

(1) That the commission acted without or in excess of its Grounds 

p0WerS - setting 

(2) That the determination was procured by fraud. aside 

Upon the setting aside of any determination the court may Getermi- 
. -. -., -..i nation, 

recommit the controversy and remand the record in the case 

to the commission for further proceedings. The commission, 

or any party aggrieved, by a decree entered upon the review 

of a determination, may appeal therefrom within the time and 

in the manner provided for an appeal from the orders of the 

said superior court. 

Sec. 13. Any employee receiving less than the legal mini- civil 
mum wage applicable to such employee shall be entitled to action, 
recover in a civil action the unpaid balance of the full amount 
of such minimum wage, together with costs of suit, notwith- 
standing any agreement to work for such lesser wage. 

Sec. 14. Any person may register with the commission a Com _ 
complaint that the wages paid to an employee for whom a plaints. 
living rate has been established, are less than that rate, and 
the commission shall investigate the matter and take all pro- 
ceedings necessary to enforce the payment of a wage not 
less than the living wage. 

Sec. 15. The commission shall biennially make a report to Biennial 
the governor and the state legislature of its investigations report. 
and proceedings. 

Sec. 16. There is hereby appropriated annually out of the Appro- 
moneys of the state treasury, not otherwise appropriated, the priation. 
sum of fifteen thousand dollars, to be used by the commission 



78 BUREAU OF LABOR STATISTICS. 

in carrying out the provisions of this act, and the controller 
is hereby directed from time to time to draw his warrants on 
the general fund in favor of the commission for the amounts 
expended under its direction, and the treasurer is hereby 
authorized and directed to pay the same. 
Arbitra- Sec. 17. The commission shall not act as a board of 
tion. arbitration during a strike or lockout. 

Inter- Sec. 18. (a) Whenever this act, or any part or section 
preta- thereof, is interpreted by a court, it shall be liberally con- 
strued by such court. 

(&) If any section, subsection, or subdivision of this act 
is for any reason held to be unconstitutional, such decision 
shall not affect the validity of the remaining portions of this 
act. The legislature hereby declares that it would have 
passed this act, and each section, subsection, subdivision, sen- 
tence, clause and phrase thereof, irrespective of the fact that 
any one or more sections, subsections, subdivisions, sentences, 
clauses or phrases is declared unconstitutional. 
Applica- Sec. 19. The provisions of this act shall apply to and 
tion. include women and minors employed in any occupation, trade 
or industry, and whose compensation for labor is measured 
by time, piece or otherwise. 

ACT No. 1611. 

(Stats. 1905, page 11; Stats. 1911, chap. 456; Stats. 1913, 
chap. 214.) 

Child labor law. (Entire statute re-enacted Stats. 1915, 
chapter 625.) 
Employ- Section 1. No minor under the age of fifteen years shall 
ment of De employed, permitted or suffered to work in or in connec- 
under 15 tion with any mercantile establishment, manufacturing estab- 
years. Hshment, mechanical establishment, workshop, office, laundry, 
place of amusement, restaurant, hotel, apartment house, or 
in the distribution or transmission of merchandise or mes- 
Excep- sages, or in any other place of labor at any time ; provided, 
lions however, that on the regular weekly school holidays and dur- 
v "ca- ing the regular vacation of public schools of the city, county, 
tions. or city and county, in which the place of employment is situ- 
ated, a minor under the age of fifteen years, but over the age 
of twelve years, may be employed if provided with a vacation 



LABOR LAWS GENERAL. 79 

permit as hereinafter provided ; and provided, further, that 
any minor fourteen years of age shall, upon application to outside 
the school authorities as in the case of an age and schooling of 
certificate, and upon compliance with all the requirements ^Jg 
for the issuance of an age and schooling certificate, be entitled 
to receive from the officers authorized to issue age and school- 
ing certificates a permit to work outside of school hours. 

Sec. 2. The superintendent of schools of any city, or of Employ- 
any city and county, or of any county (over such portions mwit of 
„ , .,.,...,..- minors 

of any such county as are not within the jurisdiction of any 14 years 

superintendent of city schools) shall have authority to issue °, f * ge 
a permit to work to any minor of the age of fourteen years, permits, 
in any of the following circumstances : 

(1) Where such minor has completed the prescribed gram- Require _ 
mar school course, and is physically fitted for the labor con- marts 
templated ; or f p ° e r 17nits 

(2) Where upon the sworn statement being made by the 
parent, or foster-parent, or guardian, of such minor, that such 
minor is past the age of fourteen years, that the parent or 
parents, or foster-parent or foster-parents, or guardian, of 
such minor is incapacitated for labor through illness or injury, 
or that through the death or desertion of the father of such 
minor, the family is in need of the earnings of such minor, 
and that sufficient aid can not be secured in any other man- 
ner. The person authorized to issue such permit shall make 
a signed statement in granting such permit that he, or a com- 
petent person designated by him for this purpose has care- 
fully investigated the conditions under which the application 
for such permit has been asked, and has found that in his 
judgment the earnings of such minor are necessary for such 
family to support such minor, and that in his judgment suffi- 
cient aid can not be secured in any other manner. 

Sec. 3. No permit as specified in section two of this act permits, 
shall be issued except upon written evidence that suitable ? ow 
work is waiting for such minor, and such permit shall specify 
the kind of labor. Permits issued under subdivision two of Limita 
said section two shall in no case be issued for a longer period tions. 
than shall seem necessary, nor for longer than six months, 
at the end of which period such superintendent shall see that 
such minor returns to school, unless a new permit to labor is 



80 BUREAU OF LABOR STATISTICS. 

Permits issued. Such permit shall be kept on file by the person, firm 
^ ^ e or corporation employing the minor therein designated, dur- 
on file ing the term of said employment, and shall be given up to 
b [ e 7 m " such minor upon his quitting such employment. Where such 
minor works for himself and not for others, such minor shall 
Form of keep in his possession such permit. Such permit shall be 
permi ' issued on forms in accordance with this act, which shall be 
prepared and provided by the commissioner of the bureau of 
Permit labor statistics of the State of California. Such permit shall 
revoked. Dc subject to revocation at any time by such commissioner of 
the bureau of labor statistics, or by the authority issuing such 
permit, whenever such commissioner, or the authority issuing 
such permit shall find that the conditions for the legal issu- 
ance of such permit do not exist. Such permit shall be always 
open to the inspection of the attendance and probation offi- 
cers, or of the officers of the state bureau of labor statistics. 
Dupli- A duplicate copy of each permit to work granted under the 
cate provisions of this act shall be kept by the person issuing such 
be filed, permit, such copy to be filed with the superintendent of schools 
of the city, or city and county, or county, as the case may be ; 
provided, that all copies of permits issued between June 25th 
and December 25th of any year shall be filed not later than 
December 31st of such year ; and those issued between De- 
cember 25th and June 25th of the ensuing year shall be filed 
Semi- not later than June 30th of each year. Corresponding semi- 
reports annua ^ reports of all such permits issued shall be made by 
by such superintendents in such form as may be required by the 

tendents comm i ss ioner of the bureau of labor statistics of the State 

of California. 
Emnlov- ^ EC * ^* ^° cn *^ un der the. age of sixteen years shall be 
ment of employed, permitted or suffered to work at any of the f ollow- 
under S 16 * ng 0CCU P at i° ns or i n any °f tne following positions : adjust- 
years ing any belt to any machinery, or sewing or lacing machine 
h'b'ted belts m an y workshop or factory, or oiling, wiping or clean- 
in ing machinery or assisting therein, or operating or assisting 
certain m operating any of the following machines: (a) Circular or 
tions. band saws; (&) wood shapers ; (c) wood jointers; (d) 
planers; (e) sandpaper or wood-polishing machinery; (f) 
wood-turning or boring machinery; (g) picker machines or 
machines used in picking wool, cotton, hair or any other 



LABOR LAWS GENERAL. 81 

material; (70 carding machines; (i) paper- lace machines; 
(/) leather-burnishing machines; (k) job or cylinder print- 
ing presses operated by power other than foot power; (I) 
boring or drill presses; (m) stamping machines used in 
sheet-metal and tinware or in paper and leather manufactur- 
ing, or in washer and nut factories; (n) metal or paper 
cutting machines; (o) corner staying machines in paper 
box factories; (p) corrugating rolls, such as are used in cor- 
rugated paper, roofing or washboard factories; (q) steam 
boiler; (r) dough brakes or cracker machinery of any 
description; (s) wire or iron straightening or drawing 
machinery; (t) rolling mill machinery ; (ft) power punches 
or shears; (v) washing, grinding or mixing machinery; (w) 
calender rolls in paper and rubber manufacturing; (x) 
laundering machinery ; or in proximity to any hazardous or 
unguarded belts, machinery or gearing ; or upon any railroad, 
whether steam, electric or hydraulic ; or upon any vessel or 
boat engaged in navigation or commerce within the jurisdic- 
tion of this state; provided, however, that the provisions of 
this section shall not apply to the courses of training in 
vocational or manual training schools or in state institutions. 

Sec. 5. No child under the age of sixteen years shall be Employ- 
employed, permitted or suffered to work in any capacity (1) ment of 
in, about or in connection with any processes in which dan- unc j er iq 
gerous or poisonous acids are used; (2) nor in the manu- i' ears 
facture or packing of paints, colors, white or red lead; (3) hibited 
nor in soldering; (4) nor in occupations causing dust in in . 
injurious quantities ; (5) nor in the manufacture or use of^us- 
dangerous or poisonous dyes; (6) nor in the manufacture tries - 
or preparation of compositions with dangerous or poisonous 
gases; (7) nor in the manufacture or use of compositions of 
lye in which the quantity thereof is injurious to health; (8) 
nor on scaffolding; (9) nor in heavy work in the building 
trades; (10) nor in any tunnel or excavation; (11) nor in, 
about or in connection with any mine, coal breaker, coke 
oven, or quarry; (12) nor in assorting, manufacturing or 
packing tobacco ; (13) nor in operating any automobile, motor 
car or truck; (14) nor in a bowling alley; (15) nor in a 
pool or billiard room; (16) nor in any other occupation 



82 BUREAU OF LABOR STATISTICS. 

dangerous to the life or limb, or injurious to the health or 
morals of such child. 
Addi- Sec. 6. The bureau of labor statistics may, from time to 

tional time, after a hearing duly had, determine whether or not any 
bitions particular trade, process of manufacture or occupation, in 
after which the employment of children under the age of sixteen 
^earing years j s not a i rea dy forbidden by law, or any particular 
bureau method of carrying on such trade, process of manufacture or 
' occupation, is sufficiently dangerous to the lives or limbs or 
injurious to the health or morals of children under sixteen 
years of age to justify their exclusion therefrom. No child 
under sixteen years of age shall be employed, permitted or 
suffered to work in any occupation thus determined to be 
Appeal, dangerous or injurious to such children. There shall be a 
right of appeal to the superior court from any such deter- 
mination. 
Hours Sec. 7. No minor under the age of eighteen years shall 

minors 1 "' De employed in laboring in any manufacturing, mechanical, 
under 18 or mercantile establishment or other place of labor, more than 
years. e jg n t hours in one day or more than forty-eight hours in one 
week, except when it is necessary to make repairs to prevent 
the interruption of the ordinary running of the machinery, or 
when a different apportionment of the hours of labor is made 
for the sole purpose of making a shorter day's work for one 
day of the week, nor before the hour of five o'clock in the 
morning, nor after the hour of ten o'clock in the evening. 
Employ- Sec. 8. No person under the age of eighteen years shall 
ment of b e employed, permitted or suffered to work as a messenger 
under 18 for any telegraph, telephone or messenger company in the 

years in distribution, transmission or delivery of goods or messages 

messen- 

g er before six o'clock in the morning, or after nine o'clock in the 

service, evening of any day. 

Vacation ^ E0, ®' Vacation permits shall be signed by the principal, 

permits, vice-principal of the school, or secretary of the board of school 

issuance trustees or board of education of the school which such minor 

is attending, or has attended during the term next preceding 

Form of any such vacation. Such permit shall contain the name and 

permit. a g e f ^he minor to whom it is issued, and when issued for the 

regular vacation, the date of the termination of the vacation 

for which it is issued, and in any case shall be kept on file 



LABOR LAWS GENERAL. 83 

by the employer during the period of employment, and at the 
termination of such employment shall be returned to the 
minor to whom it was issued. 

Sec. 10. No minor of the age of fifteen years shall be Employ- 
employed, permitted or suffered to work in or in connection JjJinore 
with any of the places enumerated in section one during the 15 years 
hours the public schools are in session, unless such minor isJJ Ui ing 

provided with an age and schooling certificate as herein school 
* . , , hours. 

provided. 

An age and schooling certificate shall be approved only by Age and 
the superintendent of schools of the city or city and county, ^° c ° e 1 r ". 
or by a person authorized by him in writing, or where there tificate. 
is no city or city and county superintendent of schools, by a 
person authorized by the local school trustees ; provided, issuance 
that the superintendent or principal of any school of recog- ^at'e 
nized standing shall have the right to approve an age and 
schooling certificate, and shall have the same rights and 
powers as the superintendent of public schools to issue the 
certificate herein provided for the children attending such 
schools. The person authorized to issue age and schooling Require- 
certificates shall have the authority to administer the oaths J°£ nts 
necessary for carrying out the provisions of this act, but no issuance 
fees shall be charged for issuing such certificates. The person ^iflcate 
authorized to issue age and schooling certificates shall not 
issue such certificates until the minor in question, accom- 
panied by its parent or guardian, has personally made applica- 
tion to him therefor, and until he has received, examined, 
approved and filed the following papers duly executed: (1) 
The school record of such minor, giving age, grade and at- 
tendance for current term, duly signed by the principal or 
teacher. (2) A duly attested transcript of the birth certifi- 
cate filed according to law with any officer charged with the 
duty of recording births ; or a passport, or a duly attested 
transcript of a certificate of baptism showing the date of birth 
and place of baptism of such minor; or, in case the officer 
authorized to issue the certificate is satisfied that none of 
such proofs of age can be produced, other evidence of age 
can be produced, such as school enrollment record, or affidavit 
of the parent, guardian or custodian of such minor, such as 
shall convince such officer that the minor is fifteen years of 



84 BUREAU OF LABOR STATISTICS. 

age or upwards. (3) The written statement of the person, 
firm or corporation in whose service the minor is about to 
enter, that he intends to employ the minor, which statement 
shall give the nature of the occupation for which the child is 
to be employed. (4) A certificate signed by a physician 
appointed by the school board, or other public medical officer, 
stating that such minor has been examined by him and, in 
his opinion, has reached the normal development of a minor 
of its age and is in sufficiently sound health and physically 
able to be employed in the work which it intends to do ; 
provided, however, that no fee shall be charged the minor 
for such physician's certificate. 

Age and schooling certificates shall be issued on forms 
which shall be prepared and provided by the commissioner of 
the bureau of labor statistics of the State of California, and 
shall be substantially in the following form, to wit : 
Form of Age and schooling certificate. This certifies that I am 
t^cate tne (^ atner > mother or guardian) of (name of the minor) and 
that (he or she) was born at (name of the city or town), in 
the county of (name of county, if known), and state (or 
country) of (name) on the day (day and year of birth), and 
is now (number of years and of months) old. 

Signature, as provided in this act. 

City or town, and date. 

There personally appeared before me the above named 
(name of person signing) and made oath that the foregoing 
certificate by (him or her) signed is true to the best of (his 
or her) knowledge and belief. 

I hereby approve the foregoing certificate of (name of 
minor), height (feet and inches), complexion (fair or dark), 
hair (color), having no sufficient reason to doubt that (he 
or she) is of the age therein certified, and I hereby certify 
that (he or she) has completed the prescribed grammar 
school course or that (he or she) has completed the equiva- 
lent of the seventh grade of the regular grammar school 
course and is a regular attendant for the then current term 
at a regularly conducted night school. 

Signature of the person authorized to sign, with his official 
character and authority. 

Town or city and date. 



LABOR LAWS GENERAL. 85 

This certificate belongs to the minor in whose behalf it is 
drawn and it shall be presented to (him or her) whenever 
(he or she) leaves the service of the person, firm or corpora- 
tion holding the same. 

The certificate as to the birthplace and age of the minor 
under sixteen years of age shall be signed by his father, his 
mother, or his guardian ; if a minor has no father, mother, 
or guardian living in the same city or town, his own signature 
to the certificate may be accepted by the person authorized 
to approve the same. Every person authorized to sign the J^ n ^!j 
certificate prescribed by this act, who knowingly certifies to issuance. 
any false statement therein, is guilty of a misdemeanor, and 
upon conviction thereof shall be punished by a fine of not 
less than five nor more than fifty dollars, or by imprisonment 
in the county jail for not more than thirty days, or by both 
such fine and imprisonment. 

A duplicate copy of each age and schooling certificate Dupli- 
granted under the provisions of this act shall be kept by the ^ iQ 
person issuing such certificate, such copy to be filed with the be filed, 
county superintendent of schools in the county where the 
certificate is issued ; provided, that all such copies of certifi- 
cates issued between June 25th and December 25th of auy 
year shall be filed not later than December 31st of such year ; 
and those issued between December 25th and June 25th of 
the ensuing year shall be filed not later than June 30th of 
each year. The county superintendent of schools of each Semi- 
county shall file with the commissioner of the bureau of labor ^""S 
statistics, a report showing the number of age and schooling by 
certificates issued to male and female minors and such other t sup i""g 
detailed information as the commissioner may require. Said 
report to be filed during the months of January and July of 
each year for the preceding six months, ending June 25th and 
December 25th of each year, and cover certificates issued dur- 
ing said periods and on file in the office of the county super- 
intendent of schools as described in this section. 



86 BUREAU OF LABOR STATISTICS. 

Minors Sec. 11. No minor having an age and schooling certificate, 
under as hereinbefore described, and no other minor under sixteen 
not to years of age, who would by law be required to attend school, 
remain shall, while the public schools are in session, be and remain 
ployed idle and unemployed for a period longer than two' weeks, but 
|" ore must enroll and attend school ; provided, that within one 
two week after any minor having such age and schooling certifi- 
weeks. ca ^ e s hall have ceased to be employed by any employer, such 
Era- employer shall, in writing, giving the latest correct address 
to remirt °^ sucn minor known to such employer, notify the issuing 
within officer that such minor is no longer employed by such em- 
week ployer ; and such issuing officer shall thereupon immediately 
after notify the attendance officer having jurisdiction in the place 
leaves °* suc ^ m i nor ' s residence, giving the said latest known correct 
employ, address of such minor, that such minor is neither at work 
nor in school ; and provided, further, that no such minor 
shall be permitted to cease school attendance, without secur- 
ing an age and schooling certificate as provided in this act. 
Reg- Sec. 12. Every person, firm, corporation or agent, or 

isters officer of a firm or corporation, employing minors under the 
minors age of eighteen years shall keep a register containing the 
"" d ^ r names and addresses of such minor employees and shall post 
to be and keep posted in a conspicuous place, in every room where 
tevt such minors are employed, a written or printed notice stating 
ployers. the hours per day for each day of the week required of such 
Hours minors, and shall keep on file all permits and certificates 
of labor required by this act for minors under the age of sixteen 
posted, years. Such records and files shall be open at all times to 
Permits the inspection of the school attendance and probation officers 
Mcates an( ^ *-he officers of the state bureau of labor statistics, 
to be All certificates and permits shall be given up to such minor 

orffile. u P° n hi s quitting such employment. Where such minor 
works for himself and not for others, such minor shall keep 
and'cer- * n n * s possession such certificate. Such certificate shall be 
tificates subject to revocation at any time by such commissioner of 
leturned ^ e Dureau °f labor statistics, or by the authority issuing 
to minor such certificate, whenever such commissioner or the authority 
employ. i ssu i n g sucn certificate shall find that conditions for the legal 
issuance of such certificate do not exist. 



LABOR LAWS GENERAL. 87 

Sec. 13. Any person, firm, corporation, agent or officer of Liability 
a firm or corporation that violates or omits to comply with °| em " 
any of the foregoing provisions of this act, or that employs or 
suffers or permits any minor to be employed in violation 
thereof, is guilty of a misdemeanor, and, shall, upon convic- 
tion thereof, be punished by a fine of not less than fifty dol- 
lars or more than two hundred dollars, or by imprisonment lenalty. 
in the county jail for not more than sixty days, or by both 
such fine and imprisonment, for each and every offense. A 
failure to produce any age and schooling certificate or vaca- 
tion permit to work or to post any notice required by this act 
shall be prima facie evidence of the illegal employment of 
any minor whose age and schooling certificate or permit to 
work is not produced, or whose name is not so posted. Any 
fine collected under the provisions of this act shall be paid Disposi- 
into the school funds of the county, or city, or city and^ n °" s< of 
county, in which the offense occurred ; except such fines im- 
posed and collected as the result of prosecutions by the 
officers of the bureau of labor statistics, in which cases one- 
half of the resultant fine or fines shall be paid into the state 
treasury and credited to the contingent fund of the bureau of 
labor statistics, and one-half paid into the school funds of 
the county, or city, or city and county, in which the offense 
occurred. 

Sec. 14. (As amended, Stats. 1917, chap. 5S0.) Nothing Agricul- 
in this act shall be construed to prohibit the employment of t | iral > 
minors sixteen years of age or over at agricultural, horti- labor, 
cultural, or viticultural, or domestic labor. Nor shall any- 
thing in this act be construed to prohibit the emploj-ment of 
minors at agricultural, horticultural, or viticultural, or 
domestic labor, during the time the public schools are not in 
session, or during other than school hours. For the purpose 
of this act, horticultural shall be understood to include the 
curing and drying, but not the canning of all varieties of 
fruit. Nor shall anything in this act be construed to prohibit Theatri- 
any minor between the ages of fifteen and eighteen years, cal em- 
who is by any statute or statutes of the State of California, ^ent. 
now or hereafter in force, permitted to be employed as an 
actor, or actress, or performer in a theatre, or other place of 
amusement, previous to the hour of ten o'clock p.m., in the 



88 BUREAU OF IABOR STATISTICS. 

presentation of a performance, play or drama, continuing 

from an earlier hour till after the hour of ten o'clock p.m. 

from performing his or her part in such presentation as such 

employee between the hours of ten and twelve o'clock p.m. ; 

Consent provided, the written consent of the commissioner of the 

of labor b ureau f labor statistics is first obtained. Nor shall any- 
commis- J 

sioner. thing in this act prevent, or be construed to prohibit, the 

employment of any minor, whether resident or nonresident, 
in the presentation of a drama, play, performance, concert 
or entertainment, with the written consent of the commis- 
sioner of the bureau of labor statistics, but no such consent 
shall be given unless the officer giving it is satisfied that the 
environment in which the drama, play, performance, concert 
or entertainment is to be produced is a proper environment 
for the minor, and that the conditions of such employment 
are not detrimental to the health of such minor, and that 
the minor's education will not be neglected or hampered by 
its participation in such drama, play, performance, concert 
or entertainment, and the commissioner may require the 
person charged with the issuance of age and schooling certifi- 
cates to make the necessary investigation into such condi- 
tions ; and every such written consent shall specify the name 
and age of the minor together with such other facts as may 
be necessary for the proper identification of such minor, and 
the dates when, and the theatres or other places of amuse- 
ment in which such drama, play, performance, concert or 
entertainment is to be produced, and shall specify the drama, 
play, performance, concert or entertainment in which the 
minor is permitted to participate, and every such consent 
shall be revocable at the will of the officer giving it. Dramas 
and plays shall include the production of motion picture 
plays. 
Sweat Sec. 15. Work shall be deemed to be done for a manu- 

shops. facturing establishment within the meaning of this act, when- 
ever it is done at any place upon the work of a manufactur- 
ing establishment or upon any of the materials entering into 
the product of the manufacturing establishment, whether 
under contract or arrangement with any person in charge of 
or connected with such manufacturing establishment directly 



LABOR LAWS — GENERAL. OV 

or indirectly, through the instrumentality of one or more 
contractors or other third persons. 

Sec. 16. No boy under ten years of age, nor girl under Street 
eighteen years of age, shall be employed, permitted or suffered 
to work at any time in or in connection with the street 
occupation of peddling, boot blacking, the sale or distribution 
of newspapers, magazines, periodicals or circulars nor in any 
other occupation pursued in any street or public place ; 
provided, hotvever, that nothing in this section shall be 
construed to apply to cities whose population is less than 
twenty-three thousand according to the last federal census. 

Any person, firm, corporation, or agent, or officer of a Penalty. 
firm or corporation; or any parent or guardian violating the 
provisions of this act shall be guilty of a misdemeanor and 
upon conviction thereof shall be punished by a fine of not 
more than fifty dollars, or by imprisonment in the county jail 
for not more than sixty days, or by both such fine and 
imprisonment. 

Sec. 17. The bureau of labor statistics shall enforce the Enforce- 
provisions of this act. The commissioner, his deputies and ™ ent of 
agents, shall have all the powers and authority of sheriffs or 
other peace officers, to make arrests for violation of the pro- 
visions of this act, and to serve any process or notice through- 
out the state. 

The attendance officer of any county, city and county, or 
school district in which any place of employment, in this act 
named, is situated, or the probation officer of such county, 
shall have the right and authority, at all times, to enter into 
any such place of employment for the purpose of investigating 
violations of the provisions of this act, or violations of the 
provisions of an act entitled "An act to enforce the educa- 
tional rights of children and providing penalties for the vio- 
lation of the act," approved March 24, 1903, and any act 
amending or superseding the same ; provided, however, that if 
such attendance or probation officer is denied entrance to such 
place of employment, any magistrate may, upon the filing of 
an affidavit by such attendance or probation officer setting 
forth the fact that he has a good cause to believe that the 
provisions of this act, or the act hereinbefore referred to, are 
being violated in such place of employment, issue an order 



90 BUREAU OF LABOR STATISTICS. 

directing such attendance or probation officer to enter said 
place of employment for the purpose of making such investi- 
gations. 

Sec. 18. All acts and parts of acts inconsistent herewith 

are hereby expressly repealed. 

Consti- Sec. 19. If any section, subsection, sentence, clause or 

tution- phrase of this act is for any reason held to be unconstitu- 

y * tional, such decision shall not affect the validity of the 

remaining portions of this act. The legislature hereby 

declares that it would have passed this act, and each section, 

subsection, sentence, clause and phrase thereof, irrespective 

of the fact that any one or more other sections, subsections, 

sentences, clauses or phrases be declared unconstitutional. 

The above statute was declared constitutional in a unani- 
mous opinion of the State Supreme Court in the case of 
Ex parte Spencer, decided July 9, 1906, 86 Pac. Rep. 896. 

ACT No. 1623. 

(Stats. 1911, chap. 688.) 
Minors — Vending at night prohibited. 

Unlaw- Section 1. It shall be unlawful for any minor under the 
ful for age of eighteen years to vend and sell goods, engage in, or 
under conduct any business between the hours of ten o'clock in the 
eighteen evening and five o'clock in the morning. 

duct° n " ^ EC * ^* ^ n ^ P erson violating any of the provisions of this 
business act shall be guilty of a misdemeanor and shall, upon convic- 
between t j on thereof, be punished by a fine of not more than twenty 
and dollars, or by imprisonment for not more than ten days, or 
5 a.m. by b th such fine and imprisonment for each offense. 

ACT No. 1695. 

(Stats. 1909, chap. 413.) 
Sale of intoxicants near construction camps. 
Disposal Section 1. It shall be unlawful for any person to sell, 
ofintox- keep for sale, or give away, any spirituous, vinous, malt or 
liquors, mixed intoxicating liquors at any place situated mere than 
one mile outside the limits of an incorporated city or town, 
and within four miles of any camp or assembly of men, num- 
bering twenty-five or more, engaged upon, or in connection 



LABOR LAWS — GENERAL. 91 

with, the construction, repair or operation of any public or 
quasi public work, improvement or utility ; provided, however, 
that nothing in this section contained shall be deemed to 
apply to the sale, keeping for sale, or disposal of any such 
liquor at a licensed saloon or liquor store which shall have 
been established, or at a licensed saloon or liquor store which 
shall be maintained, at the time this act takes effect, upon 
the same premises where a licensed saloon or liquor store 
shall have been established, at least six months prior to the 
establishment of such camp or assembly of men, or to the 
sale, keeping for sale, or disposal of any such liquors at any 
winery, licensed brewery or distillery, where the same is 
manufactured. 

Sec. 2. Any person violating any of the provisions of this Penalty, 
statute shall be guilty of a misdemeanor, and, for each 
offense, shall be punished by a fine not exceeding five hun- 
dred dollars, or by imprisonment in the county jail not 
exceeding six months, or by both such fine and imprisonment. 

ACT No. 1733. 

(Stats. 1909, page 227.) 
Japanese — Statistics concerning. 

Section 1. Upon this act becoming effective the governor 
shall direct the state labor commissioner to immediately 
undertake and complete as soon as possible the gathering and 
compiling of statistics and such other information regarding 
the Japanese of this state as may be useful to the governor 
in making a proper report to the president of the United 
States and to congress, and in furnishing to the people of 
this state and elsewhere a comprehensive statement of such 
conditions as actually exist. Upon the order of the governor 
such statistics and information shall be printed and dis- 
tributed. 

Sec. 2. The sum of ten thousand dollars, or so much 
thereof as may be necessary, is hereby appropriated out of 
any money in the state treasury not otherwise appropriated 
to carry out the provisions of this act. And the controller 
is hereby authorized to draw his warrants for the sum herein 
made available, and the state treasurer is hereby directed to 
pay the same. 

Sec. 3. This act shall take effect immediately. 



92 BUREAU OF LABOR STATISTICS. 

ACT No. 1734. 

(Stats. 1909, page 719.) 

Japanese — Records to be kept. 

Duties Section 1. It is hereby declared to be the duty of all 
an<f ate °ffi cers °f this state and all officers of each respective county, 
county city, or city and county, in addition to their other duties, to 
o cers. k ee p gycjj recor d s as shall be required under the provisions 
of an act entitled "An act to provide for the gathering, com- 
piling, printing and distribution of statistics and information 
regarding the Japanese of the state, and making an appro- 
priation therefor," and to furnish to the commissioner of the 
bureau of labor statistics, upon request, whatever data it may 
be necessary for the commissioner to acquire in complying 
with the provisions of said act. 

Sec. 2. This act shall take effect immediately. 

ACT No. 1828. 

(Stats. 1883, page 27.) 
Bureau of labor statistics. 
Commis- Section 1. (As amended, Stats. 1911, chap. 21.) As soon 
sioner. as possible after the passage of this act, the governor of the 
state shall appoint a suitable person to act as commissioner 
of a bureau of labor statistics. The headquarters of said 
bureau shall be located in the city and county of San Fran- 
T f cisco. Said commissioner shall hold office and serve solely 
office. at the pleasure of the governor, and not otherwise. 
Official Sec. 2. The commissioner of the bureau, before entering 
bond. upon the duties of his office, must execute an official bond 
in the sum of five thousand (5,000) dollars, and take the 
oath of office, all as prescribed by the Political Code for state 
officers in general. 
Duties. ^ec. 3- ^ ne duties of the commissioner shall be to collect, 
assort, systematize, and present, in biennial reports to the 
legislature, statistical details, relating to all departments of 
labor in the state, such as the hours and wages of labor, cost 
of living, amount of labor required, estimated number of 
persons depending on daily labor for their support, the prob- 
able chances of all being employed, the operation of labor- 
saving machinery in its relation to hand labor, etc. Said 
statistics may be classified as follows : 



LABOR LAWS — GENERAL. 93 

First — In agriculture. Classes 

Second — In mechanical and manufacturing industries. of sta - 

m , • 7 T • • tistics. 

Third — In mining. 

Fourth — In transportation on land and water. 

Fifth — In clerical and all other skilled and unskilled labor 
not above enumerated. 

Sixth — The amount of cash capital invested in lands, 
buildings, machinery, material, and means of production and 
distribution generally. 

Seventh — The number, age, sex, and condition of persons 
employed ; the nature of their employment ; the extent to 
which the apprenticeship system prevails in the various 
skilled industries ; the number of hours of labor per day ; the 
average length of time employed per annum, and the net 
wages received in each of the industries and employments 
enumerated. 

Eighth — The number and condition of the unemployed, 
their age, sex, and nationality, together with the cause of 
their idleness. 

Ninth — The sanitary condition of lands, workshops, dwell- 
ings ; the number and size of rooms occupied by the poor, 
etc. ; the cost of rent, fuel, food, clothing, and water in 
each locality of the state ; also the extent to which labor- 
saving processes are employed to the displacement of hand 
labor. 

Tenth — The number and condition of the Chinese in the classes 

state ; their social and sanitary habits ; number of married °? ***- 

tistics 
and of single ; the number employed, and the nature of their 

employment ; the average wages per day at each employment, 

and the gross amount yearly ; the amounts expended by them 

in rent, food, and clothing, and in what proportion such 

amounts are expended for foreign and home productions, 

respectively ; to what extent their employment comes in 

competition with the white industrial classes of the state. 

Eleventh — The number, condition and nature of the 

employment of the inmates of the state prisons, county jails, 

and reformatory institutions, and to what extent their 

employment comes in competition with the labor of mechanics. 

artisans and laborers outside of these institutions. 



94 BUREAU OF LABOR STATISTICS. 

Twelfth — All such other information in relation to labor 
as the commissioner may deem essential to further the object 
sought to be obtained by this statute, together with such 
strictures on the condition of labor and the probable future 
of the same as he may deem good and salutary to insert in 
his biennial reports. 
Duties Sec. 4. It shall be the duty of all officers of state depart- 
of state ments, and the assessors of the various counties of the state, 
to furnish, upon the written request of the commissioner, all 
the information in their power necessary to assist in carrying 
out the objects of this act ; and all printing required by the 
bureau in the discharge of its duty shall be performed by the 
state printing department, and at least three thousand (3,000') 
copies of the printed report shall be furnished the commis- 
sioner for free distribution to the public. 
Hinder- Sec. 5. Any person who wilfully impedes or prevents the 

^ . commissioner, or his deputy, in the full and free performance 

commis- ... i - ■ , 7 „ , ., ,. . , 

sioner. of his or their duty, shall be guilty of a misdemeanor, and 

upon conviction of the same shall be fined not less than 

ten (10) nor more than fifty (50) dollars, or imprisoned not 

less than seven (7) nor more than thirty (30) days in the 

county jail, or both. 

Infor- Sec. 6. The office of the bureau shall be open for business 

mation f rom n [ ne (9) o'clock a.m. until five (5) o'clock p.m. every 

fur- day except non-judicial days, and the officers thereof shall 

nished. gj ve ^ a jj persons requesting it all needed information which 

they may possess. 
Wit- Sec. 7. (As amended, Stats. 1889, p. 6; Stats. 1915, chap. 

nesses, 547.) The commissioner and his representatives duly 
authorized . by him in writing shall have the power and 
authority to issue subpoenas, to compel the attendance of wit- 
nesses or parties and the production of books, papers or 
records, and to administer oaths and to examine witnesses 
under oath, and to take the verification or proof of instru- 
ments of writing, and to take depositions and affidavits for 
the purpose of carrying out the provisions of this act and all 
other acts now or hereafter placed in the bureau for enforce- 
Seal. ment. The commissioner shall have a seal inscribed "Bureau 
of Labor Statistics — State of California" and all courts shall 
take judicial notice of such seal. Obedience to subpoenas 



LABOR LAWS — GENERAL. 95 

issued by the commissioner or his duly authorized representa- 
tives shall be enforced by the courts in any county or city 
and county. The commissioner and his representatives shall 
have free access to all places and works of labor, and any Access 
principal, owner, operator, manager, or lessee of any mine, t( j 
factory, workshop, manufacturing or mercantile establish- f 
ment, or any agent or employee of such principal, owner, labor. 
operator, manager, or lessee who shall refuse to said com- 
missioner, or his duly authorized representative, admission 
therein, or who shall, when requested by him wilfully neglect 
or refuse to furnish to him any statistics or information, sta , 
pertaining to his lawful duties, which may be in his posses- tistics 
sion or under the control of said principal, owner, operator, ^ r _ 
lessee, manager or agent thereof, shall be punished by a finenished. 
of not more than two hundred dollars. Penalty. 

Sec. 8. (As amended, Stats. 1889, p. 7.) No use shall be infor- 
made in the reports of the bureau of the names of individuals, f^ on 
firms, or corporations supplying the information called^for by fidential. 
this act, such information being deemed confidential, and not 
for the purpose of disclosing any person's affairs ; and any 
agent or employee of said bureau violating this provision 
shall be deemed guilty of a misdemeanor, and upon conviction 
thereof shall be punished by a fine not to exceed five hundred 
dollars or by imprisonment in the county jail not to exceed 
six months. 

Sec. 9. (As amended, Stats. 1889, p. 7 ; 1907, pp. 306, 307 ; Depu- 
1909, p. 36 ; 1911, chap. 634 ; Stats. 1915, chap. 550 ; Stats. ties ; 
1917, chap. 211.) The commissioner shall appoint two ctepu-^ st " 
ties who shall have the same power as said commissioner ; 
an assistant deputy who shall reside in the county of Los 
Angeles ; a statistician and chief examiner ; a stenographer ; 
and such agents or assistants as he may from time to time 
require, at such rate of wages as he may prescribe, and actual 
traveling expenses for each person while employed. He shall Offices. 
procure rooms necessary for offices in San Francisco, Los 
Angeles, Sacramento, San Diego, and in such other places as 
he may deem necessary, at a rent not to exceed the sum of 
four hundred dollars per month. 

Sec. 10. (As amended, Stats. 1889, p. 7; 1907, pp. 306, 
307; 909, p, 36; 1911, chap. 634; Stats. 1915, chap. 550; 



96 BUREAU OF LABOR STATISTICS. 

Salaries. Stats. 1917, chap. 211.) The salary of the commissioner 
shall be four thousand dollars per annum ; the salary of each 
deputy commissioner shall be two thousand four hundred 
dollars per annum ; the salary of the assistant deputy shall 
be two thousand one hundred dollars per annum ; the salary 
of the statistician and chief examiner shall be two thousand 
seven hundred dollars per annum ; the salary of the stenog- 
rapher shall be one thousand two hundred dollars per annum ; 
to be audited by the controller and paid by the state treasurer 
Traveling m the same manner as other state officers. There shall also 
expenses. De allowed a sum not to exceed forty thousand dollars per 
annum for salaries of agents or assistants, for traveling- 
expenses, and for other contingent expenses of the bureau. 
Inspec- Sec. 12. (As amended, Stats. 1901, p. 12.) Whenever 
ti0 ff°M complaint is made to the commissioner that the scaffolding, 
in g# or the slings, hangers, blocks, pulleys, stays, braces, ladders, 
irons, or ropes of any swinging or stationary scaffolding used 
in the construction, alteration, repairing, painting, cleaning, 
or painting of a building are unsafe or liable to prove danger- 
ous to the life or limb of any person, such commissioner shall 
immediately cause an inspection to be made of the scaffold- 
ing or the slings, hangers, blocks, pulleys, stays, braces, 
ladders, irons, or other parts connected therewith. If after 
examination such scaffolding or any of such parts is found 
dangerous to life or limb, the commissioner shall prohibit 
the use thereof, and require the same to be altered and 
reconstructed so as to avoid such danger. The commissioner, 
deputy commissioner, or agent or assistant making the 
examination shall attach a certificate to the scaffolding, 
or the slings, hangers, irons, ropes, or other parts thereof, 
examined by him, stating that he has made such examina- 
tion and that he found it safe or unsafe as the case may 
be. If he declared it unsafe, he shall at once, in writing, 
notify the person responsible for its erection of the fact 
and warn him against the use thereof. Such notice may 
be served personally upon the person responsible for its 
erection or by conspicuously affixing to the scaffolding or 
the part thereof declared to be unsafe. After such notice 
has been so served or affixed the person responsible therefor 
shall immediately remove such scaffolding or part thereof 



LABOR LAWS — GENERAL. 97 

and alter or strengthen it in such a manner as to render it 
safe, in the discretion of the officer who has examined it or 
of his superiors. The commissioner, his deputy, and any 
duly authorized representative whose duty it is to examine 
or test any scaffolding or part thereof as required by this 
section, shall have free access, at all reasonable hours, to 
any building or premises containing them or where they may 
be in use. All swinging and stationary scaffolding shall be 
so constructed as to bear four times the maximum w r eight 
required to be dependent therefrom and placed thereon, when 
in use, and not more than four men shall be allowed on any 
swinging scaffolding at one time. 

This act shall take effect immediately. 

ACT No. 1829. 

(Stats. 1913, chap. 227.) 
Attorney — Bureau of Labor Statistics. 

Section 1. The office of attorney for the state bureau of Duties, 
labor statistics is hereby created. Said attorney shall be 
appointed by the commissioner of the bureau of labor 
statistics. 

Sec. 2. It shall be the duty of such attorney to act for 
and represent the state bureau of labor statistics and the 
commissioner thereof in all legal matters which may require 
the attention of such state bureau of labor statistics and the 
commissioner thereof, and to specially represent and act for 
and in co-operation thereof, when required, in the preven- 
tion of all acts and things which, in the judgment of the 
state bureau of labor statistics or the commissioner thereof, 
as will best subserve and carry out the provisions of an act 
entitled, "An act to establish and support a bureau of labor 
statistics," approved March 3, 1883 ; and also, all other acts 
which have been or may be hereafter designated by the 
legislature to be enforced by said state bureau of labor 
statistics or the commissioner thereof, and in all other mat- 
ters pertaining to the welfare of minors and labor generally 
and to assist and aid the said bureau and the commissioner 
thereof with his advice, and to represent and act for the same 
in court. 

7—32683 



98 BUREAU OF LABOR STATISTICS. 

Salary. Sec. 3. The salary of such attorney shall be twenty-four 
hundred dollars per annum and shall be paid out of the state 
treasury, upon warrants drawn by the controller, in the same 
manner as the salaries of other state officers are paid. 

Sec. 4. All acts and parts of acts in conflict with this act 
are hereby repealed. 

ACT No. 1829a. 

(Stats. 1915, chap. 484.) 
Enforcement of labor laws. 
Commis- Section 1. The commissioner of the bureau of labor 
bureau^ statistics shall have authority and power to enforce any and 
of labor all labor laws of the State of California, the enforcement of 
r^to wn i cn * s n °t specifically vested in any other officer, board or 
enforce commission, and the deputies and agents of the said labor 
labor commissioner shall have the power and authority of sheriffs 
and other peace officers to make arrests, and to serve any 
process or notice throughout the state in the enforcement of 
such labor laws, pursuant to the instructions of said com- 
missioner. 

ACT No. 1830. 

(Stats. 1909, page 546.) 
Unlawful wearing of union button. 

Section 1. Any person who shall wilfully wear the 
button of any labor union of this state, unless entitled to 
wear said button under the rules of such union, shall be 
guilty of a misdemeanor, and, upon conviction, shall be 
punished by imprisonment for a term not to exceed twenty 
days in the county jail or by a fine not to exceed twenty 
dollars, or by both such fine and imprisonment. 

ACT No. 1831. 

(Stats. 1909, page 668.) 
Unlawful using of union card. 

Section 1. Any person who shall wilfully use the card 
of any labor union to obtain aid, assistance or employment, 
thereby within this state, unless entitled to use the said card 



LABOR LAWS — GENERAL. 

under the rules and regulations of a labor union within this 
state, shall be guilty of a misdemeanor. 

Sec. 2. All acts, and parts of acts, in conflict with the 
provisions of this act, are hereby repealed. 

ACT No. 2062. 

(Stats. 1909, page 400.) 
Shoddy — Labeling of. 

Section 1. All persons manufacturing in this state, in 
whole or in part, any article of hotel, boarding house, lodging 
house or domestic or office furniture, or beds or mattresses, or 
cushions, used or intended to be or that could be used by 
human beings, that are stuffed or made in whole or in part, 
with material composed in whole or in part from second-hand 
or cast-off clothing, rags, or second-hand, or cast-off material 
of any character whatever, or with shoddy, shall at the time 
of the completion of such manufacture attach to a con- 
spicuous place upon each of such articles so manufactured by 
him, a label or stamp showing the correct character of the 
materials with which the cushion portion of such articles of 
furniture or beds or cushions or mattresses are stuffed, and 
no person so manufacturing any such articles shall allow the 
same or any thereof to leave his possession in the course of 
trade or business unless such label or stamp is so affixed, and 
no person shall sell, or offer for sale, in this state any of 
such articles of furniture, or beds, or mattresses, or cushions, 
whether the same are manufactured in this state or not, 
unless such a label or stamp is so affixed. 

Sec. 2. Any person violating any of the provisions of this 
act shall be guilty of a misdemeanor, and upon conviction 
thereof shall be punished by a fine of not less than fifty, nor 
more than five hundred dollars, or imprisoned not more than 
six months, or by both such fine and imprisonment. 

Sec. 3. (As amended, Stats. 1911, chap. 73.) It shall be 
the duty of the commissioner of the bureau of labor statistics 
to enforce the provisions of this act. The commissioner, his 
deputies and agents shall have all powers and authority of 
sheriffs to make arrests for violations of the provisions of 
this act. 



100 BUBEAU OF LABOE STATISTICS. 

ACT No. 2063. 

(Stats. 1913, chap. 255.) 

Registration of factories, etc. 

Section 1. (As amended, Stats. 1917, chap. 177.) The 

owner of any factory, workshop, mill or other manufacturing 

establishment, where five or more persons are employed, shall 

register such factory, workshop, mill or other manufacturing 

establishment with the bureau of labor statistics, giving the 

name of the owner, the name under which the business is 

carried on, the location of the plant, the address of the 

general offices or principal place of business and such other 

tration information as the commissioner of labor shall require. Such 

offac- registration of existing factories, workshops, mills or other 

tories 

e t c . ' manufacturing establishments shall be made on or before 

January 1, 1914. All factories, workshops, mills or other 
manufacturing establishments hereafter established shall be 
so registered within thirty days after the commencement of 
business. Within thirty days after a change in the location 
of a factory, workshop, mill or other manufacturing estab- 
lishment the owner thereof shall file with the commissioner 
of the bureau of labor statistics the new address. Whenever 
the commissioner of labor shall have been notified or other- 
wise becomes aware of the existence of a new factory, or 
factories, he shall forward a notification of said fact on or 
before the tenth day of each month to the state board of 
health and to the board of health or the health officer of the 
city and county wherein said factory or factories may be 
located. 
Enforce- Sec. 2. The bureau of labor statistics shall enforce the 
ment. provisions pf this act. The commissioner, his deputies and 
agents, shall have all the powers and authority of sheriffs 
or ether peace officers, to make arrests for violations of 
the provisions of this act, and to serve any process or 
notice throughout the state. 
Penalty. Sec. 3. Any person, firm or corporation who violates or 
omits to comply with the provisions of this act is guilty of 
a misdemeanor, and shall upon conviction thereof, be pun- 
ished by a fine of not less than twenty-five dollars or more 
than two hundred dollars, or by imprisonment for not more 



LABOR LAWS — GENERAL. 101 

than sixty days, or by both such fine and imprisonment. All 
fines imposed and collected under the provisions of this act 
shall be paid into the state treasury and credited to the 
contingent fund of the bureau of labor statistics. 

ACT No. 2063a. 

(Stats. 1913, chap. 278.) 
Medical appliances to be kept in factories. 

Section 1. Every person, firm or corporation operating ^ ledical 
a factory or shop, or conducting any business in which chests 
power machinery is used for any manufacturing purpose, require 
except for elevators or for heating or hoisting apparatus 
where five or more persons are employed, shall at all times 
keep and maintain, in some accessible place upon the premises 
upon which such factory, shop or business is located, free of 
expense to the employees, a medical or surgical chest which 
shall contain an adequate assortment of absorbent lint, 
absorbent cotton, sterilized gauze, plain and medicated, ad- 
hesive plaster, cotton and gauze bandages, also one tourniquet, 
one pair scissors, one pair tweezers, one jar carbolized petro- 
latum, one bottle antiseptic solution, and one first aid manual, 
all of which shall cost not less than six dollars, and to be 
used in the treatment of persons injured or taken ill upon 
the premises. 

ACT No. 2137. 

(Stats. 1893, page 54.) 
Weekly day of rest. 

Section 1. Every person employed in any occupation of One 
labor shall be entitled to one day's rest therefrom in seven, re a s y t s in 
and it shall be unlawful for any employer of labor to cause seven. 
his employees, or any of them, to work more than six days in 
seven ; provided, however, that the provisions of this section 
shall not apply to any case of emergency. 

Sec. 2. For the purposes of this act, the term day's restA pplica " 
shall mean and apply to all cases, whether the employee isj aw# 
engaged by the clay, week, month, or year, and whether the 
work performed is done in the day or night time. 

Sec. 3. Any person violating the provisions of this act Viola- 
shall be deemed guilty of a misdemeanor. * 



102 BUREAU OF LABOR STATISTICS. 

AGT No. 2139a. 

(Stats. 1915, chap. 485.) 
Employers to furnish pure drinking water. 
Era- Section 1. Every employer of labor in this state shall, 

mus? rS w i tnou t making a charge therefor, provide fresh and pure 
furnish drinking water to his employees during working hours, 
drinking Access to such drinking water shall be permitted at reasonable 
water, and convenient times and places. 

Penalty Any violation of the provisions of this act shall be deemed 

violation, a misdemeanor and punishable for each offense by a fine of 

not less than twenty-five dollars ($25.00) nor more than one 

hundred dollars ($100.00), or by imprisonment for not more 

than thirty (30) days, or by both such fine and imprisonment. 

ACT No. 2140a. 

(Stats. 1913, chap. 333.) 
Advertisements during strikes, etc. 

Adver- Section 1. If any person, firm, or corporation, acting 
[qp 1 " 2 either for himself, or itself, or as the agent of another person, 
labor firm, or corporation, during the continuance of a strike, lock- 
strikes out, or other labor trouble among his, or its employees, or 
among the employees of the person, firm, or corporation, for 
whom he, or it is acting, advertises for employees in the news- 
papers, or by posters, or otherwise, or solicits persons to work 
for him, or the persons, firm, or corporation, for whom he is 
acting, in the place of the strikers, he shall plainly and 
explicitly mention in such advertisements, or oral or written 
solicitations, that a strike, lockout or other labor disturbance 
exists ; provided, that the foregoing provisions shall not apply 
to advertisements or solicitations published solely or made 
within the same city or locality where the strike, lockout or 
other labor disturbance exists. 
Penalty. Sec. 2. If any person, firm, association or corporation vio- 
lates any provisions of this act, he or it shall be punished by 
a fine not less than twenty-five dollars and not exceeding two 
hundred and fifty dollars for each offense. 



LABOR LAWS — GENERAL. 103 

ACT No. 2140b. 

(Stats. 1915, chap. 38.) 
Interference with political activities of employees. 

Section 1. It shall be unlawful for any employer of labor Political 
to make, adopt or enforce any rule, regulation or policy f or- f t ^ v " f 
bidding or preventing his employees, or any of them, from laborers 
engaging or participating in politics or from becoming candi- banter- 
dates or a candidate for public office, or controlling or direct- fered 
ing, or tending to control or direct the political activities or wlth ' 
affiliations of such employees or any of them ; or to coerce 
or influence or attempt to coerce or influence such employees 
or any of them through or by means of threat of discharge or 
less of employment to adopt or follow or refrain from adopt- 
ing or following any particular course or line of political 
action or political activity. The expression "employer of 
labor" as herein used shall be deemed to mean and include 
any person, firm or corporation regularly having in his or 
its employ twenty or more employees. 

Sec. 2. Any employer violating the provisions of this act Penalty, 
shall upon conviction thereof, if an individual, be punishable 
by imprisonment in the county jail for not to exceed one year 
or by a fine of not to exceed one thousand dollars or by both 
such fine and imprisonment, and, if a corporation, by a fine of 
not to exceed five thousand dollars. In all prosecutions 
hereunder the person, firm or corporation violating this act, 
shall be held responsible for the acts of his or its managers, 
officers, agents and employees. 

Sec. 3. Nothing herein contained shall be construed to 

prevent the injured employee from recovering damages from 

his employer for injury suffered through a violation of this 

act. 

ACT No. 2140d. 

(Stats. 1915, chap. 65.) 

Spotter Law. 

Section 1. It shall be unlawful for any public service E . m ~ 
i , ployee 

corporation, agent, superintendent or manager thereof, em- not to 

ploying any special agent, detective, or person commonly b ^ dis ", 

known as "spotter" for the purpose of investigating, obtain- on 

ing and reporting to the employer, its agent, superintendent j^s"" 

or manager, information concerning its employees, to dis- report 

cipline or discharge any employee in its service, where such JJaring. 



104 BUREAU OF LABOR STATISTICS. 

act of discipline or the discharge is based upon a report by- 
such special agent, detective or spotter, which report involves 
a question of integrity, honesty or a breach of rules of the 
employer, unless such employer, its agent, superintendent or 
manager, shall give notice and accord a hearing to the 
employee thus accused, when requested by said employee, at 
which hearing said employer shall state specific charges on 
which said act or discharge is based and at which said 
accused employee shall have the right to furnish testimony 
in his defense. 
Penalty. Sec. 2. Each and every violation of this act by any 
person, firm, association or corporation shall be deemed a 
misdemeanor, and upon conviction thereof shall be punished 
by a fine of not less than fifty dollars and not more than 
three hundred dollars, or by imprisonment in the county 
jail for a period of not more than one year, or by both such 
fine and imprisonment. In case of a public service corpora- 
tion committing any violation of this act the imprisonment 
when imposed shall be imposed upon the officers or agents 
thereof committing such offense. 

ACT No. 2141. 

(Stats. 1909, page 157; entire act amended, Stats. 1911, 
chapter 590.) 

Protection of workmen on buildings. 

Section 1. Any building more than two stories high in 
the course of construction shall have the joists, beams or 
girders of each and every floor below the floor or level where 
any work is being done, or about to be done, covered with 
flooring laid close together, or with such other suitable 
material to protect workmen engaged in such building from 
falling through joists or girders, and from falling planks, 
bricks, rivets, tools, or any other substance whereby life and 
limb are endangered. 

Sec. 2. Such flooring shall not be removed until the same 
is replaced by the permanent flooring in such building. 

Sec. 3. It shall be the duty of the general contractor 
having charge of the erection of such building to provide for 
the flooring as herein required, or to make such arrange- 
ments as may be necessary with subcontractors in order that 
the provisions of this act may be carried out. 



LABOR LAWS GENERAL. 105 

Sec. 4. It shall be the duty of the owner or the agent of 
the owner of such building to see that the general contractor 
or subcontractors carry out the provisions of this act. 

Sec. 5. Should the general contractor or subcontractors 
of such building fail to provide for the flooring of such build- 
ing, as herein provided, then it shall be the duty of the owner 
or the agent of the owner of such building to see that the 
provisions of this act are carried out. 

Sec. 6. Failure upon the part of the owner, agent of the 
owner, general contractor, or subcontractors to comply with 
the provisions of this act shall be deemed a misdemeanor and 
shall be punishable as such. 

Sec. 7. This act shall take effect within sixty days. 

ACT No. 2141a. 

(Stats. 1913, chap. 48.) 

Scaffolding for protection of workmen. 

Section 1. All scaffolding or staging, swung or suspended Safety 

from an overhead support which is more than twenty feet rai L C i\i 
n , ,1 , * .1 m m scaffold- 

from the ground or floor, shall have a safety rail of wood or j n g. 

other equally rigid material of sufficient strength to bear any 
sudden strain there against equal to four times the weight of 
an ordinary man, such rail to be properly secured and braced 
in a manner to withstand a sudden strain as hereinbefore 
prescribed ; such rail to rise at least thirty-four inches above 
the floor or floors or main portions of such scaffolding or 
staging, and extending along the entire length of the outside 
and the ends thereof, and properly attached thereto to with- 
stand any strain as hereinbefore provided ; and such scaffold- 
ing or staging shall be fastened so as to prevent the same 
from swaying trom the building or structure, or place of work 
where such scaffolding or staging is being used. Any and 
all parts of such scaffolding or staging shall be of sufficient 
strength to support, bear, or withstand, with safety, any 
weight of persons, tools, appliances, or materials that may be 
placed thereupon or that are to be supported thereby while 
such scaffolding or staging is being used for any of the 
purposes thereof. 

Sec. 2. In addition to the duties imposed upon an em- safety 
ployer by any law regulating or relating to scaffolding or' ines - 



106 BUREAU OF LABOB STATISTICS. 

staging, it shall be the duty of such employer who uses or 
permits the use of scaffolding or staging, as defined in section 
one of this act, in connection with construction, alteration, 
repairing, painting, cleaning or the doing of any other kind 
of work upon any building structure, or other thing or place 
of work, to furnish safety lines to tie all hooks and hangers 
back on the roof of such building, structure or other thing or 
place of work, and to provide safety lines hanging from the 
roof, securely tied thereto, and one such line to be provided 
between each pair of hangers or falls and near the ends of all 
such scaffolding or staging. When planks are used for the 
platforms or floors of such scaffolding or staging, they shall be 
not less than fourteen inches in width, and not less than one 
and one-half inches in thickness, and shall be of wood free 
from knots or fractures impairing the strength oi such planks. 
Not more than two men shall be allowed or placed to work 
between two hangers or falls upon such scaffolding or staging. 
Penalty. Sec. 3. Any violation of the provisions of this act shall be 
punishable as provided in section four hundred and two c of 
the Penal Code, and shall be in addition to the penalties pro- 
vided therein for the violation of any of the provisions of the 
said section. 

Sec. 4. It shall be the duty of the commissioner of the 
bureau of labor statistics to enforce the provisions of this act. 

ACT No. 2141b. 

(Stats. 1913, chap. 182; entire act amended Stats. 1915, 
chap. 329.) 

Sanitation of camps. 
Camps Section 1. In or at any camp where five or more persons 
£° *J e are employed, the bunkhouses, tents and other sleeping places 
clean. of such employees shall be kept in a cleanly state, and free 
from vermin and matter of an infectious and contagious 
nature, and the grounds around such bunkhouses, tents or 
other sleeping places shall be kept clean and free from accum- 
ulations of dirt, filth, garbage, and other deleterious matter. 
Air Sec. 2. Every bunkhouse, tent or other sleeping place 

space. uge( j £ or t j ie pur p 0Se f a lodging or sleeping apartment in 
such camp, shall contain sufficient air space to insure an 
adequate supply of fresh air for each person occupying such 



LABOR LAWS GENERAL. 107 

bunkhouse, tent or other sleeping place. The bunks or beds Bunto 
shall be made of iron, canvas or other sanitary material and or beds - 
shall be so constructed as to afford reasonable comfort to 
the persons occupying such bunks or beds. 

Sec. 3. Every mess house, dining room, mess tent, dining Mess 
tent, kitchen, or other structure where food is cooked, pre- |j^ e or 
pared or served in such camp shall be kept in a clean and room, 
sanitary state and the openings of such structures shall be 
screened. 

Sec. 4. For every such camp there shall be provided con- Privies 
venient and suitable privy or other toilet facilities, which ^ ilets> 
shall be kept in a clean and sanitary state. A privy other 
than a water-closet shall consist of a pit at least two feet 
deep, with suitable shelter over the same, and the openings 
of the shelter and pit shall be enclosed by screening or other 
suitable fly netting. No privy pit shall be filled with excreta 
to nearer than one foot from the surface of the ground and 
the excreta in the pit shall be covered with earth, ashes, 
lime, or other similar substance. 

Sec. 5. All garbage, kitchen wastes and other rubbish in Garbage. 
such camp shall be deposited in suitable covered receptacjes 
which shall be emptied daily or oftener if necessary, and the 
contents burned, buried or otherwise disposed of in such a 
way as not to be or become offensive or insanitary. 

Sec. 6. It shall be the duty of any person, firm, corpora- 
tion, agent or officer of a firm or corporation employing per- 
sons to work in or at camps to which the provisions of this 
act apply and the superintendent or overseer in charge of 
the work in or at such camps to carry out the provisions of 
this act. 

Sec. 7. The commission of immigration and housing of Enforce- 
California shall administer this act and secure the enforce- ment. 
ment of the provisions thereof, and for such purposes shall 
have the right to enter and inspect all camps to which the 
provisions of this act apply. Any camp coming under the 
provisions of this act which does not conform to the pro- 
visions of this act is hereby declared a public nuisance and 
if not made to so conform within five days, or within such 
longer period of time as may be allowed by the commission of 
immigration and housing of California, after written notice 



108 BUREAU OF LABOR STATISTICS. 

given by the said commission, shall be abated by proper 
action brought for that purpose in the superior court of the 
county in which such camp, or the greater portion thereof, 
is situated. 
Penalty. Sec. 8. Any person, firm, corporation, agent or officer of 
a firm or corporation, or any superintendent or overseer in 
charge of the work in or at any camp coming under the 
provisions of this act, who shall violate or fail to comply with 
the provisions of this act, is guilty of a misdemeanor, and 
shall upon conviction thereof, be punished by a fine of not 
more than two hundred dollars, or by imprisonment for not 
more than sixty days, or by both such fine and imprisonment. 
Sec. 2. Out of any money in the state treasury not other- 
wise appropriated the sum of ten thousand dollars or so much 
thereof as may be necessary is hereby appropriated to be 
expended by the commission of immigration and housing of 
California in accordance with law to carry out the provisions 
of this act. 

ACT No. 2142. 
(Stats. 1911, chap. 92.) 
Payment of wages — Must be negotiable. 

Orders, Section 1. (As amended, Stats. 1915, chap. 628.) No per- 

etc *' . son, firm or corporation shall issue, in payment of or as an 

must be ' «.«.-,,, - -. 

negoti- evidence of indebtedness for wages due an employee, any 

able. order, check, memorandum, or other acknowledgment of 

indebtedness, unless the same is negotiable, and is payable 

upon demand without discount in cash at some bank or 

other established place of business in the state; and no 

person, firm or corporation shall issue in payment of wages 

due, or wages to become due an employee, or as an advance 

Scrip, on wages to be earned by an employee, any scrip, coupons, 

etc., cards or other thing redeemable in merchandise or purporting 

hibited. to be payable or redeemable otherwise than in money. But 

nothing herein contained shall be construed to prohibit an 

employer from guaranteeing the payment of bills incurred by 

an employee for the necessaries of life or for the tools and 

implements used by such employee in the performance of his 

duties ; provided, hotvever, that the provisions of this act 

shall not apply to counties, cities and counties, municipal cor- 



LABOR LAWS — GENERAL. 109 

porations, quasi-municipal corporations or school districts 
organized and existing under the laws of this state. 

Sec. 2. (As amended, Stats. 1915, chap. 628.) Any person, penalty. 
firm or corporation, or agent or officer thereof, who shall 
violate any of the provisions of this act shall be guilty of a 
misdemeanor, and upon conviction thereof, shall be punished 
by a fine not to exceed five hundred dollars, or by imprison- 
ment in the county jail for not more than six months, or 
by both such fine and imprisonment. 

ACT No. 2143. 

(Stats. 1911, chap. 663.) 
Wages — Time of payment. 

Section 1. Whenever an employer discharges an em- Wages 
ployee, the wages earned and unpaid at the time of such °£^ e " d 
discharge shall become due and payable immediately. When em- ° 
any such employee not having a contract for a definite period Pl°> 7ees - 
quits or resigns his employment the wages earned and unpaid 
at the time of such quitting or resignation shall become due 
and payable five days thereafter. 

Sec. 2. All wages other than those mentioned in section Wages 
one of this act earned by any person during any one month t0 .^ e 
shall become due and payable at least once in each month monthly. 
and no person, firm or corporation for whom such labor has 
been performed, shall withhold from any such employee any 
wages so earned or unpaid for a longer period than fifteen 
days after such wages become due and payable ; provided, 
however, that nothing herein shall in any way limit or inter- 
fere with the right of any such employee to accept from any 
such person, firm or corporation wages earned and unpaid 
for a shorter period than one month. 

Sec. 3. (As amended, Stats. 1915, chap. 143.) In the event penal- 
that an employer shall fail to pay, without abatement or ties - 
deduction, within five days after the same shall become due 
under the provisions of section one of this act, any wages 
of any employee who is discharged or who resigns or quits, 
as in said section one provided, then as a penalty for such 
non-payment the wages of such servant or employee shall 
continue from the due date thereof at the same rate until 



110 



BUBEAU OF LABOR STATISTICS. 



Not ap- 
plicable. 



"Sea- 
sonal 
labor" 
defined. 



Wages 
paid in 
presence 
of ex- 
aminer. 



paid; or until an action therefor shall be commenced; pro- 
vided, that in no case shall such wages continue for more 
than thirty days ; and provided, further, that no such 
employee who secretes or absents himself to avoid payment 
to him, or refuses to receive the same when fully tendered, 
shall be entitled to any benefit under this act for such time 
as he so avoids payment. In the happening of any strike, the 
unpaid wages of such striking employees earned prior to 
the occurrence thereof shall become due and payable upon 
the employer's next regular pay day, and if then paid or 
tendered, the provisions of this section shall have no applica- 
tion. 

Every person indebted to another for labor, or any agent 
of any person, co-partnership, association or corporation so 
indebted, who, having the ability to pay, shall wilfully refuse 
to pay the same, or falsely deny the amount or validity 
thereof, or that the same is due, with intent to secure, for 
himself or any ether person, any discount upon such indebted- 
ness, or with intent to annoy, harass, or oppress, or hinder, 
or delay, or defraud the person to whom such indebtedness 
is due, shall be guilty of a misdemeanor. 

Sec. 4. None of the provisions of this act shall apply to 
any county, city and county, incorporated city or town, or 
other municipal corporation. 

ACT No. 2143a. 

(Stats. 1913, chap. 198.) 
Payment of wages earned in seasonal labor. 

Section 1. For the purpose of this act the term "seasonal 
labor" shall include all work performed by any person 
employed for a period of time greater than one month, and 
where the wages for such work are not to be paid at any 
fixed intervals of time, but at the termination of such employ- 
ment, and where the work is to be performed outside of this 
state ; provided, that such person is hired within this state 
and the wages earned during such employment are to be paid 
in this state at the termination of such employment. 

Sec. 2. Upon application of either the employer or the 
employee, the wages earned in seasonal labor, shall be paid in 
the presence of the commissioner of the bureau of labor 
statistics or an examiner appointed by him. 



LABOR LAWS GENERAL. 11J 

Sec. 3. The commissioner shall hear and decide all dis- wages 
putes arising from wages earned in seasonal labor and he shall dis- 
allow or reject any deductions made from such wages; pro- 
vided, however, that he shall reject all deductions made for 
gambling debts incurred by the employee during such employ- 
ment and for liquor sold to the employee during such 
employment. 

Sec. 4. After final hearing by the commissioner, he shall Find- 
file in the office of the bureau of labor statistics, a copy of ^ 
the findings upon facts and his award. 

Sec. 5. The amount of the award of the commissioner Award, 
shall be conclusively presumed to be the amount of the wages wages 
due and unpaid to the employee at the time of the termination 
of the employment, and prosecution may be commenced under 
the provisions of an act entitled, "An act providing for the 
time of payment of wages," approved May 1, 1911. 

Sec. 6. The commissioner or any examiner appointed by May 
him, shall have power and authority to issue subpoenas to iss " e 
compel attendance of witnesses or parties, and the production pcenas. 
of books, papers or records and to administer oaths. Obedi- 
ence to such subpoenas shall be enforced by the courts of any 
county or city and county. 

Sec. 7. This act shall not be construed to apply to the Not 
wages earned by seamen or other persons, where the payment gabieto 
of v>ages is regulated by federal statute. seamen. 

ACT No. 2143b. 

(Stats. 1915, chap. 657.) 
Semimonthly pay day law. 

Section 1. All wages or compensation of employees in Wages 
private employments shall be due and payable semi-monthly, ^ a ^ le 
that is to say, all such wages or compensation earned and monthly. 
unpaid prior to the first day of any month, shall be due and 
payable not later than the fifteenth day of the month follow- 
ing the one in which such wages were earned ; and all wages 
or compensation earned and unpaid prior to the sixteenth 
day of any month, shall be due and payable not later than 
the last day of the same month. The words "private em- 
ployments" used in this act shall mean and include all 
employments other than those mentioned in section six hereof 



112 BUREAU OF LABOR STATISTICS. 

and those under the direct management, supervision and 
control of the State of California, any county, city and 
county, incorporated city or town, or other municipal cor- 
poration or political subdivision of the State of California, 
or any officer or department thereof. But nothing contained 
herein shall be construed as prohibiting the payment of 
wages at more frequent periods than semi-monthly. 

Sec. 2. Every employer shall establish and maintain regu- 
lar pay days as herein provided, and shall post and maintain 
notices, printed or written in plain type or script, in at 
least two conspicuous places where said notices can be seen 
by the employees as they go to and from the work, setting 
forth the regular pay days as herein prescribed. 

Sec. 3. The payment of wages or compensation of em- 
ployees in the employments defined herein, shall be made in' 
lawful money of the United States or by a good and valid 
negotiable check or draft, payable on presentation thereof at 
some bank or other established place of business, located in 
this state, without discount in lawful money of the United 
States, and not otherwise. 

Sec. 4. In case an employee in any said employment shall 
be absent from the usual place of employment at the time 
said payment shall be due and payable as hereinabove pro- 
vided, he shall be paid the wages or compensation within five 
days after making a demand therefor. 

Sec. 5. Every person, or any agent of any person, co-part- 
nership, association or corporation, who, having the ability to 
pay, shall wilfully refuse to pay the wages due and payable 
when demanded, as herein provided, or falsely deny the 
amount or validity thereof, or that the same is due, with 
intent to secure, for himself or any other person, any discount 
upon such indebtedness, or with intent to annoy, or harass, or 
oppress, or hinder, or delay, or defraud the person to whom 
such indebtedness is due, shall be guilty of a misdemeanor. 
Excepted Sec. 6. This act shall not apply to employers and em- 
employ- pioyees engaged in farm, dairy, agricultural, viticultural or 
men S " horticultural pursuits, in stock or poultry raising, in house- 
hold domestic service, or to employers having less than six 
employees regularly employed. 

Sec. 7. The commissioner of the buieau of labor statistics 
shall enforce the provisions of this act. 



LABOR LAWS GENERAL. 113 

ACT No. 2144a. 

(Stats. 1913, chap. 176, as amended; Stats. 1917, chap. 586.) 
Workmen's Compensation, Insurance and Safety Act. 

(Act of 1917.) 

Section 1. This act and each and every part thereof is an Expres- 
expression of the police power and is also intended to make effective "police 
and apply to a complete system of workmen's compensation the power." 
provisions of section seventeen and one-half of article twenty -. and 
section twenty-one of article twenty of the constitution of the 
State of California. A complete system of workmen's compensa- 
tion includes adequate provision for the comfort, health, safety 
and general welfare of any and all employees and those dependent 
upon them for support to the extent of relieving from the conse- 
quences of any injury incurred by employees in the course of General 
their employment, irrespective of the fault of any party ; also full 3 
provision for securing safety in places of employment, full provi- 
sion for such medical, surgical, hospital and other remedial treat- 
ment as is requisite to cure and relieve from the effects of such 
injury, full provision for adequate insurance coverage against the 
liability to pay or furnish compensation, full provision for regu- 
lating such insurance coverage in all its aspects including the 
establishment and management of a state compensation insurance 
fund, full provision for otherwise securing the payment of compen- 
sation, and full provision for vesting power, authority and juris- 
diction in an administrative body with all the requisite govern- 
mental functions to determine any matter arising under this act 
to the end that the administration of this act shall accomplish 
substantial justice in all cases expeditiously, inexpensively and The . 
without incumbrance of any character; all of which matters con- public 1 
tained in this section are expressly declared to be the social public policy." 
policy of this state, binding upon all departments of the state 
government. 

(Act of 1913.) 

Section 1. This act shall be known, and may be cited, as the 
"workmen's compensation, insurance and safety act" and shall 
apply to the subjects mentioned in its title. 



8—32683 



114 BUREAU OF LABOR STATISTICS. 

(Act Of 1917.) 
Sec. 2. This act shall be known and may be cited as the 
''workmen's compensation, insurance and safety act of 1917" and 
shall apply to the subjects mentioned in its title. 

Sec. 3. The following terms as used in this act shall, unless 

a different meaning is plainly required by the context, be construed 

as follows : 

"Com- (1) The term "commission" means the industrial accident com- 

mis ~„ mission of the State of California as created under the provisions 

of chapter one hundred seventy-six of the laws of 1913. 
"Com- (2) The term ''commissioner" means one of the members of the 

Soner." commission. 

"Com- (3) The term "compensation" means compensation under this 
pensa- act and includes every benefit or payment conferred by sections six 
to thirty-one, inclusive, of this act upon an injured employee, or in 
the event of his death, upon his dependents, without regard to 
negligence, 
yin- (4) The term "injury," as used in this act, shall include any 

jury. injury or disease arising out of the employment. In case of aggra- 
vation of any disease existing prior to such injury, compensation 
shall be allowed only for such proportion of the disability due 
to the aggravation of such prior disease as may reasonably be 
attributed to the injury. 
"Dam- (5) The term "damages" means the recovery allowed in an 
ages." action at law as contrasted with compensation under this act. 
"Per- (6) The term "person" includes an individual, firm, voluntary 

association, or a public, quasi-public or private corporation. 
Insur- (7) The term "insurance carrier" includes the state compensa- 
tion insurance fund and any private company, corporation, mutual 
association, reciprocal or interinsurance exchange authorized under 
the laws of this state to insure employers against liability for com- 
pensation under this act. 

(8) The phrase "compensation provisions of this act" means 
tion and includes sections six to thirty-one, inclusive, of this act. 



ance 
carrier. 



"Com 
pensa- 



(9) The phrase "safety provisions of this act" means and 



provi- 
sions.' 

"Safety includes sections thirty-three to fifty-four, inclusive, of this act. 
sions"" (10) Whenever in this act the singular is used, the plural shall 
Singu- be included; where the masculine gender is used, the feminine and 
plural, neuter shall be included. 
Gender. 



LABOR LAWS GENERAL. 115 

(Act of 1013.) 

Sec. 3. There is hereby created a board to consist of three Mem- 
members who shall be appointed by the governor from the state bers - 
at large and which shall be known as the "industrial accident 
commission" and shall have the powers, duties and functions here- 
inafter conferred. Within thirty clays prior to the first day of 
January, 1914, the governor shall appoint the three members of 
said commission, one for the term of two years, one for the term Term of 
of three years and one for the term of four years. Thereafter the office - 
term of office of each commissioner shall be four years. Vacancies Vacan _ 
shall be filled by appointment in the same manner for the unex- cies. 
pired term. Each commissioner shall receive an annual salary of 
five thousand dollars. Each commissioner shall, before entering 
upon the duties of his office, take and subscribe the constitutional 
oath of office. 

Sec. 4. The commission shall organize by choosing one of its organi- 
members as chairman. A majority of the commission shall consti- zation. 
tute a quorum for the transaction of any business, for the perform- 
ance of any duty, or for the exercise of any power or authority of 
the commission. A vacancy on the commission shall not impair 
the right of the remaining members to perform all the duties and Majority 
exercise all the power and authority of the commission. The act to acti 
of the majority of the commission, when in session as a commission, Hearing 
shall be deemed to be the act of the commission, but any investiga- and 
tion, inquiry or hearing, which the commission has power to 
undertake or to hold, may be undertaken or held by or before any Award 
member thereof or any referee appointed by the commission for by com- 
that purpose, and every finding, order, decision, or award made sioner or 
by any commissioner or referee, pursuant to such investigation, referee. 
inquiry or hearing, when approved and confirmed by the commission 
and ordered filed in its office, shall be deemed to be the finding, 
order, decision or award of the commission. 

Sec. 5. The commission shall have a seal, bearing the following Seal, 
inscription : "Industrial Accident Commission State of California, 
seal." The seal shall be affixed to all writs and authentications 
of copies of records and to such other instruments as the commis- 
sion shall direct. All courts shall take judicial notice of said seal. 

Sec. 6. The commission shall keep its principal office in the offices. 
city and county of San Francisco, and shall also keep an office 
in the city of Los Angeles, and shall provide itself with suitable 



Attor 
ney. 



11G BUREAU OF LABOR STATISTICS. 

rooms, necessary office furniture, stationery and other supplies. 
For the purpose of holding sessions in other places, the commission 
shall have power to rent temporary quarters. 

Sec. 7. The commission shall have full power and authority 
(1) To appoint as its attorney an attorney at law of this state, 
who shall hold office at the pleasure of the commission. It shall 
be the right and the duty of the attorney to represent and appear 
for the people of the State of California and the commission in all 
actions and proceedings involving any question under this act or 
under any order or act of the commission and, if directed so to do 
by the commission, to intervene, if possible, in any action or 
proceeding in which any such question is involved ; to commence, 
prosecute and expedite the final determination of all actions or 
proceedings, civil or criminal, directed or authorized by the com- 
mission ; to advise the commission and each member thereof, when 
so requested, in regard to all matters in connection with the juris- 
diction, powers or duties of the commission and members thereof ; 
and generally to perform all duties and services as attorney to the 
commission which may be required of him. 
Secre- (2) To appoint, and it shall appoint, a secretary, who shall hold 

tary. office at the pleasure of the commission. It shall be the duty of 
the secretary to keep a full and true record of all the proceedings 
of the commission, to issue all necessary processes, writs, warrants 
and notices which the commission is required or authorized to 
issue, and generally to perform such other duties as the commission 
Assist- may prescribe. The commission may also appoint such assistant 
retaries" secret aries as may be necessary and such assistant secretaries may 
perform any duty of the secretary, when so directed by the com- 
mission. 
Manager (3) To appoint a manager of the state compensation insurance 
state f un( j w ho shall hold office at the pleasure of the commission. It 
shall be the duty of such manager to manage, supervise and con- 
duct, subject to the general direction and approval of the commis- 
sion, the business and affairs of the state compensation insurance 
fund and to perform such other duties as the commission may 
prescribe. Before entering on the duties of his office, he must 
give an official bond in the sum of fifty thousand dollars, and take 
and subscribe to an official oath. Said bond must be approved by 
the commission, by written endorsement thereon, and be filed in the 
office of the secretary of state. 



LABOR LAWS GENERAL. 117 

(4) To appoint a superintendent of the department of safety, Superin- 
who shall hold office at the pleasure of the commission and who tendent 
shall perform such duties as the commission shall prescribe. safety. 

(5) To employ such other assistants, officers, experts, statis- other 
ticians, actuaries, accountants, inspectors, referees and other assist- 
employees, as it may deem necessary to carry out the provisions 

of this act, or to perform the duties and exercise the powers con- 
ferred by law upon the commission. 

Sec. 4. The commission shall have power and authority to Assist- 
appoint an assistant to its attorney, who shall be an attorney at ant 
law of this state, and who shall hold office at the pleasure of the a 0rne5 " 
commission. It shall be the right and duty of such assistant 
attorney to perform any of the duties of the attorney of the com- 
mission under the direction of the commission or its attorney. 

(Act of 1917.) 
Sec. 5. Said commission is hereby vested with full power, Full 
authority and jurisdiction under the provisions of this act and ^fop 
charged with the duties defined by the provisions of this act in both 
addition to all other power, authority, jurisdiction and duties acts ' 
conferred upon it and exercised by it as heretofore created, consti- 
tuted and existing. 

(Act of 1913.) 
Sec. 8. All officers and employees of the commission shall 
receive such compensation for their services as may be fixed by the 
commission and shall hold office at the pleasure of the commission 
and shall perform such duties as are imposed on them by law or salaries, 
by the commission. The salaries of the members of the commis- 
sion, its attorney, secretary and assistant secretary, as fixed by law 
or the commission, shall be paid in the same manner as are the 
salaries of other state officers. The salary or compensation of 
every other person holding office or employment under the commis- 
sion, as fixed by law or by the commission, shall be paid monthly, 
after being approved by the commission, upon claims therefor to 
be audited by the state board of control. All expenses incurred Expenses 
by the commission pursuant to the provisions of this act, including 
the actual and necessary traveling and other expenses and dis- 
bursements of the members thereof, its officers and employees, 
incurred while on business of the commission, either within or 
without the state, shall, unless otherwise provided in this act, be 



118 BUREAU OF LABOR STATISTICS. 

paid from the funds appropriated for the use of the commission, 

after being approved by the commission, upon claims therefor to 

be audited by the board of control ; provided, however, that no such 

expenses incurred outside of the state shall be allowed unless prior 

authorization therefor be obtained from the board of control. 

Appor- ^ EC - 9- I n a H cases in which salaries, expenses or outgoings of 

tionment one department under the jurisdiction of the commission are 

expense, expended in whole or in part on behalf of another department the 

commission may apportion the same between such departments. 
Blank Sec. 10. The commission shall cause to be printed and fur- 

forms, nished free of charge to any employer or employee, or other person, 
such blank forms as it shall deem requisite to facilitate or promote 
the efficient administration of this act ; it shall provide a book in 
which shall be entered the minutes of all its proceedings, a book 
Records, in which shall be recorded all awards made by the commission and 
such other books or records as it shall deem requisite for the proper 
and efficient administration of this act; all such records to be kept 
in the office of the commission. 
Fees for Sec. 11. The commission shall also have power and authority : 
copies. (-^ rp c h ar g e an( j collect the following fees: For copies of 
papers and records not required to be certified or otherwise authen- 
ticated by the commission, ten cents for each folio ; for certified 
copies of official documents and orders filed in its office or of the 
evidence taken on proceedings had, fifteen cents for each folio. 
Reports. (2) To publish and distribute in its discretion from time to 
time, in addition to its annual report to the governor of the state, 
such further reports and pamphlets covering its operations, pro- 
ceedings and matters relative to its work a*s it may deem advisable. 
(3) To fix and collect reasonable charges for publications issued 
under its authority. 
Dispo- (4) The fees charged and collected under this section shall be 

s ^\ m paid monthly into the treasury of the state to the credit of the 
"industrial accident fund" and shall be accompanied by a detailed 
statement thereof. 

(Act of 1917.) 
Condi- Sec. 6. (a) Liability for the compensation provided by this act, 
tions of j jj eu f any ther liability whatsoever to any person, shall, with- 
compen- / J . . * £ . . 

sation. out regard to negligence, exist against an employer for any injury 

sustained by his employees arising out of and in the course of the 
employment and for the death of any such employee if the injury 



LABOR LAWS GENERAL. 119 

shall proximately cause death, in those cases where the following 
conditions of compensation concur : 

(1) Where, at the time of the injury, both the employer and 
employee are subject to the compensation provisions of this act. 

(2) Where, at the time of the injury, the employee is performing 
service growing out of and incidental to his employment and is 
acting within the course of his employment. 

(3) Where the injury is proximately caused by the employment, 
either with or without negligence, and is not caused by the intoxi- 
cation of the injured employee, or is not intentionally self-inflicted. 

(4) Where the injury is caused by the serious and wilful mis- ^ 
conduct of the injured employee, the compensation otherwise defense. 
recoverable by him shall be reduced one-half; provided, however, 

that such misconduct of the employee shall not be a defense to the 
claim of the dependents of said employee, if the injury results in 
death, or to the claim of the employee, if the injury results in a 
permanent partial disability equaling or in excess of seventy per 
cent of total ; and provided, further, that such misconduct of said 
employee shall not be a defense where his injury is caused by the 
failure of the employer to comply with any provisions of law, or 
any safety order of the commission, with reference to the safety of 
places of employment. 

(5) Where such conditions of compensation exist, the right to compen- 
recover such compensation, pursuant to the provisions of this act, sation 
shall be the exclusive remedy against the employer for the injury remedy. 6 
or death; provided, that where the employee is injured by reason Miscon . 
of the serious and wilful misconduct of the employer, or his man- duct of 
aging representative, or if the employer be a partnership, on the 5™" 
part of one of the partners, or if a corporation, on the part of an 
executive or managing officer thereof, the amount of compensation 
otherwise recoverable for injury or death, as hereinafter provided, 

shall be increased one-half, any of the provisions of this act as to 
maximum payments or otherwise to the contrary notwithstanding; 
provided, however, that said increase of award shall in no event 
exceed twenty-five hundred dollars. 

(c) In all other cases where the conditions of compensation do 
not concur, the liability of the employer shall be the same as if 
this act had not been passed. 

Sec. 7. The term "employer" as used in sections six to thirty- 
one, inclusive, of this act shall be construed to mean : The state, 



120 BUREAU OF LABOR STATISTICS. 

and each county, city and county, city, school district and all public 
corporations and quasi-public corporations therein, and every per- 
son, firm, voluntary association, and private corporation, including 
any public service corporation, who has any person in service 
under any appointment or contract of hire, or apprenticeship, 
express or implied, oral or written, and the legal representative of 
any deceased employer. 

Sec. 8. (a) The term "employee" as used in sections six to 
thirty-one, inclusive, of this act shall be construed to mean : Every 
person in the service of an employer as defined by section seven 
hereof under any appointment or contract of hire or apprenticeship, 
express or implied, oral or written, including aliens, and also 
including minors, whether lawfully or unlawfully employed, and all 
elected and appointed paid public officers, and all officers and mem- 
bers of boards of directors of quasi-public or private corporations, 
while rendering actual service for such corporations for pay, but 
excluding any person whose employment is both casual and not in 
the course of the trade, business, profession or occupation of his 
employer, and also excluding any employee engaged in household 
domestic service, farm, dairy, agricultural, viti cultural or horti- 
cultural labor, in stock or poultry raising and any person holding 
an appointment as deputy clerk, deputy sheriff or deputy constable 
appointed for the convenience of such appointee, who receives no 
compensation from the county or municipal corporation or from the 
citizens thereof for services as such deputy ; provided, that such 
last exclusion shall not deprive any person so deputized from 
recourse against any private person employing him for injury 
occurring in the course of and arising out of such employment. 

( o ) Any person rendering service for another, other than as 
an independent contractor, or as expressly excluded herein, is pre- 
sumed to be an employee within the meaning of this act. The 
term "independent contractor" shall be taken to mean, for the 
purposes of this act, any person who renders service, other than 
manual labor, for a specified recompense for a specified result, 
under the control of his principal as to the result of his work only 
Working and not as to tne means Dy which such result is accomplished. A 
partner, working member of a partnership receiving wages irrespective of 
profits from such partnership shall be deemed an employee within 
the meaning of this section. 



LABOB LAWS GENEBAL. 121 

(c) The term "casual" as used in this section shall be taken to "Cas- 
refer only to employments where the work contemplated is to be ual " 
completed in not exceeding ten working days, without regard to the 
number of men employed, and where the total labor cost of such 
work is less than one hundred dollars. The phrase "course of the 
trade, business, profession or occupation of his employer" shall be 
taken to include all services tending toward the preservation, main- 
tenance or operation of the business, business premises or business 
property of the employer. The words "trade, business, profession 

or occupation of his employer" shall be taken to include any under- 
taking actually engaged in by him with some degree of regularity, 
the trade name, articles of incorporation or principal business of 
the employer to the contrary notwithstanding. 

(d) Watchmen for nonindustrial establishments, paid by sub- Private 
scription by several persons, shall not be held to be employees ^ ch " 
within the meaning of this act. In other cases where watchmen, 
paid by subscription by several persons, have at the time of the 
injury sustained by them taken out and maintained in full force 

and effect insurance upon themselves as self-employing persons 
conferring benefits equal to those conferred by this act, the 
employer shall not be liable under this act. 

(e) It shall not be a defense to the state, or any political sub- Employ- 
division or institution thereof, or public or quasi-public corporation, merit 
that a person injured while rendering service for it was not law- t?on of*" 
fully employed by reason of the violation of any civil service or civil 
other law, rule, or regulation respecting the hiring of employees. j aw 

(f) Workmen associating themselves under a partnership agree- « sta _ 
ment, the principal purpose of which is the performance of the labor tion con- 
on a particular piece of work, shall be deemed employees of the tr2Cts - 
person having such work executed, and, in the event the average Partner- 
weekly earnings are not otherwise ascertainable, shall be deemed sni P of 
to be employed at an average weekly wage of twelve dollars; men. 
provided, however, that if such workmen shall have taken out and 
maintained in full force and effect insurance, in an insurance 
carrier as defined in this act, insuring to themselves and all persons 
employed by them benefits identical with those conferred by this 

act, the person for whom such work is to be done shall not be liable 
as an employer under this act. 

Sec. 9. Where liability for compensation under this act exists, 
such compensation shall be furnished or paid by the employer and 
be as provided in the following schedule : 



122 BUREAU OF LABOR STATISTICS. 

(a) Such medical, surgical and hospital treatment, including 

nursing, medicines, medical and surgical supplies, crutches and 

apparatus, including artificial members, as may reasonably be 

required to cure and relieve from the effects of the injury, the same 

to be provided by the employer, and in case of his neglect or 

refusal seasonably to do so, the employer to be liable for the 

reasonable expense incurred by or on behalf of the employee in 

Change providing the same ; provided, that if the employee so requests, the 

of physi- employer shall tender him one change of physicians and shall 
cians 

nominate at least three additional practicing physicians competent 

to treat the particular case, or as many as may be available if 
three can. not reasonably be named, from whom the employee may 
Con _ choose ; the employee shall also be entitled, in any serious case, 
suiting upon request, to the services of a consulting physician to be pro- 
clan 1 " y i^ e( i °y the employer ; all of said treatment to be at the expense 
of the employer. If the employee so requests, the employer must 
procure certification by the commission or a commissioner of the 
competency for the particular case of the consulting or additional 
physicians ; provided, further, that the foregoing provisions regard- 
ing a change of physicians shall not apply to those cases where the 
E m . employer maintains, for his own employees, a hospital and hospital 
ployer's staff, the adequacy and competency of which have been approved by 
' the commission. Nothing contained in this section shall be con- 
Em _ strued to limit the right of the employee to provide, in any case, 
ployee's at his own expense, a consulting physician or any attending 
cian? physicians whom he may desire. Controversies between employer 
and employee, arising under this section, shall be determined by 
the commission, upon the request of either party. 

(Z>) If the injury causes temporary disability, a disability pay- 
ment which shall be payable for one week in advance as wages on 
the eleventh day after the injured employee leaves work as a 
result of the injury. If the injury causes permanent disability, 
a disability payment which shall be payable for one week in 
advance as wages on the eleventh day after the injury. Such 
indemnity shall thereafter be payable on the employer's regular 
pay day, but not less frequently than twice in each calendar month, 
unless otherwise ordered by the commission, subject, however, to 
the following limitations : 
Waiting (1) If the period of disability does not last longer than ten days 
period. f rom the day the employee leaves work as the result of the injury, 
no disability payment whatever shall be recoverable. 



LABOR LAWS GENERAL. 123 

(2) If the period of disability lasts longer than ten days from 
the day the employee leaves work as the result of the injury, no 
disability payment shall be recoverable for the first ten days of 
disability suffered. 

2. The disability payment shall be as follows : 

(1) If the injury causes temporary total disability, sixty-five Tempo- 
per cent of the average weekly earnings during the period of such™ry 
disability, consideration being given to the ability of the injured ability, 
employee to compete in an open labor market ; 

(2) If the injury causes temporary partial disability, sixty-live 
per cent of the weekly loss in wages during the period of such 
disability ; 

(3) If the temporary disability caused by the injury is at times 
total and at times partial the weekly disability pajmient during the 
period of each such total or partial disability shall be in accordance 
with paragraphs one and two of this subdivision respectively ; 

(4) Paragraphs one, two, and three of this subdivision shall be Liraita- 

limited as follows : Aggregate disability payments for a single tion of A 

J ^ J ° amount. 

injury causing temporary disability shall not exceed three times 

the average annual earnings of the employee, nor shall the aggre- 
gate disability period for such temporary disability in any event 
extend beyond two hundred forty weeks from the date of the injury. 

(5) If the injury causes permanent disability, the percentage of Perma- 
disability to total disability shall be determined and the disability^ 11 
payment computed and allowed as follows : For a one per cent ability, 
disability, sixty-five per cent of the average weekly earnings for a 
period of four weeks ; for a ten per cent disability, sixty-five per 
cent of the average weekly earnings for a period of forty weeks ; 

for a twenty per cent disability, sixty-five per cent of the average 
weekly earnings for a period of eighty weeks ; for a thirty per 
cent disability, sixty-five per cent of the average weekly earnings 
for a period of one hundred twenty weeks ; for a forty per cent 
disability, sixty-five per cent of the average weekly earnings for a 
period of one hundred sixty weeks ; far a fifty per cent disability, 
sixty-five per cent of the average weekly earnings for a period of 
two hundred weeks; for a sixty per cent disability, sixty-five per 
cent of the average weekly earnings for a period of two hundred 
forty weeks ; for a seventy per cent disability, sixty-five per cent 
of the average weekly earnings for a period of two hundred forty 
weeks, and thereafter ten per cent of such weekly earnings during 



124 BUREAU OF LABOR STATISTICS. 

the remainder of life ; for an eighty per cent disability, sixty-five 
per cent of the average weekly earnings for a period of two 
hundred forty weeks and thereafter twenty per cent of such weekly 
earnings during the remainder of life ; for a ninety per cent dis- 
ability, sixty-five per cent of the average weekly earnings for a 
period of two hundred forty weeks and thereafter thirty per cent 
of such weekly earnings during the remainder of life; for a hundred 
per cent disability, sixty-five per cent of the average weekly earn- 
ings for a period of two hundred forty weeks and thereafter forty 
per cent of such weekly earnings during the remainder of life. 

(6) The payment for permanent disabilities intermediate to 
those fixed by the foregoing schedule shall be computed and allowed 
as follows : If under seventy per cent, sixty-five per cent of the 
average weekly earnings for four weeks for each one per cent of 
disability ; if seventy per cent or over, sixty-five per cent of the 
average weekly earnings for two hundred forty weeks and there- 
after one per cent of such weekly earnings for each one per cent 
of disability in excess of sixty per cent to be paid during the 
remainder of life. 
Factors CH I n determining the percentages of permanent disability, 
of per- account shall be taken of the nature of the physical injury or dis- 
dis . figurement, the occupation of the injured employee, and his age at 
ability, the time of such injury, consideration being given to the diminished 
ability of such injured employee to compete in an open labor market. 
D hrt ^ ^ nere aa iri J ur y causes both temporary and permanent dis- 

both ability, the injured employee shall not be entitled to both a tempo- 
tempo- rar y an( j permanent disability payment, but only to the greater of 
and per- the two. 

manent. (9) rp^ following permanent disabilities shall be conclusively 
ability presumed to be total in character : Loss of both eyes or the sight 
con- thereof ; loss of both hands or the use thereof ; an injury resulting 
total * n a Poetically total paralysis ; an injury to the brain resulting 
in incurable imbecility or insanity. In all other cases, permanent 
total disability shall be determined in accordance with the fact. 
Previous (10) The percentage of permanent disability caused by any 
injury injury shall be so computed as to cover the permanent disability 
eluded, caused by that particular injury without reference to any injury 

previously suffered or any permanent disability caused thereby. 
Rating (H) The commission may prepare, adopt, and from time to 
schedule, time amend, a schedule for the determination of the percentages 



LABOR LAWS GENERAL. 125 

of permanent disabilities, such table to be based upon the proper 
combinations of the factors indicated in subdivision seven above. 
Such schedule shall be available for public inspection and without 
formal introduction in evidence shall be prima facie evidence of 
the percentage of permanent disability to be attributed to each 
injury covered by said schedule. 

3. The death of an injured employee shall not affect the liability Accrued 
of the employer under subsections (a) and (o) of this section, so compen- 
far as such liability has accrued and become payable at the date 
of the death, and any accrued and unpaid compensatioD shall be 
paid to the dependents, if any, or, if there are no dependents, to 
the personal representative of the deceased employee or heirs or 
other persons entitled thereto, without administration, but such 
death shall be deemed to be the termination of the disability. 

(c) If the injury causes death, either with or without disability, 
the burial expense of the deceased employee as hereinafter limited 
and a death benefit which shall be payable in installments equal 
to sixty-five per cent of the average weekly earnings of the deceased 
employee, upon the employer's regular pay day, but not less fre- 
quently than twice in each calendar month, unless otherwise ordered 
by the commission, which death benefit shall be as follows : 

(1) In case the deceased employee leaves a person or persons Total 
wholly dependent upon him for support, such dependents shall be depend- 
allowed the reasonable expense of his burial, not exceeding one ency * 
hundred dollars, and a death benefit, which shall be a sum 
sufficient, when added to the disability indemnity which at the 

time of death has accrued and become payable, under the provisions 
of subsection (&) hereof, and the said burial expense, to make the 
total diasbility indemnity, cost of burial and death benefit equal 
to three times his average annual earnings, such average annual 
earnings to be taken at not. less than three hundred thirty-three 
dollars and thirty-three cents nor more than one thousand six 
hundred sixty-six dollars and sixty-six cents. 

(2) In case the deceased employee leaves no person wholly partial 
dependent upon him for support, but one or more persons partially depend- 
dependent therefor, the said dependents shall be allowed the reason- 
able expense of his burial, not to exceed one hundred dollars, and, 

in addition thereto, a death benefit which shall amount to three 
times the annual amount devoted by the deceased to the support 
of the person or persons so partially dependent; provided, that the 



126 BUREAU OF LABOR STATISTICS. 

Limita- death benefit shall not be greater than a sum sufficient, when added 

mount. t0 the disabilit y indemnity which, at the time of the death, has 

accrued and become payable under the provisions of subsection (&) 

hereof, together with the cost of the burial of such deceased 

employee, to make the total disability indemnity, cost of burial and 

death benefit equal to three times his average annual earnings, 

such average annual earnings to be taken at not less than three 

hundred thirty-three dollars and thirty-three cents nor more than 

one thousand six hundred sixty-six dollars and sixty-six cents. 

No (3) If the deceased employee leaves no person dependent upon 

ents. nd " nim for support, the death benefit shall consist of the reasonable 

expense of his burial not exceeding one hundred dollars. 

(d) Payment of compensation in accordance with the order and 
direction of the commission shall discharge the employer from all 
claims therefor. 
Inspec- g ECp 20. The commission shall have power to inspect and 
determine the adequacy of hospitals and hospital facilities supplied 
by employers or by mutual associations of employees, with or with- 
out the concurrence of the employer, for the treatment of injuries 
coming within the provisions of this act. No part of any contribu- 
tion paid by employees or deducted from their wages for the main- 
tenance of such hospital facilities shall be devoted to the payment 
of any portion of the cost of providing compensation prescribed by 
this act. Nothing contained in this section shall be taken to 
prevent any hospital association or medical department furnishing 
the treatment prescribed in this act free of charge to employees. 
Hospital Every such hospital shall make to the commission from time to time, 
upon demand, but not less frequently than once a year, reports of 
receipts, disbursements and services rendered to or for employees. 
If in the judgment of the commission the services or equipment of 
any hospital are inadequate to meet the reasonable requirements 
of medical treatment contemplated in section nine (a) of this act, 
the commission may, after notice and an opportunity to be heard, 
declare such facilities to be inadequate and thereafter injured 
employees of such employer may procure treatment elsewhere, and 
thp reasonable cost thereof shall be a charge against such employer 
Finding under said section nine (a). Any finding of the commission, after 
quacy. such notice, determining the fact of such inadequacy, shall be 
conclusive evidence in any proceeding for compensation of the fact 
of such inadequacy during the period covered by such finding. 



LABOR LAWS GENERAL. 



127 



Such finding of inadequacy may be amended, modified or rescinded 
by the commission at any time upon good cause appearing therefor. 
Sec. 11. (a) Unless compensation is paid or an agreement for 
its payment made within the time limited in this section for the 
institution of proceedings for its collection, the right to institute 
such proceedings shall be barred ; provided, that the filing of an 
application with the commission for any portion of the benefits 
prescribed by this act shall render this section inoperative as to 
all further claims of any person or persons for compensation arising 
from the same transaction, and the right to present such further 
claims shall be governed by the provisions of section twenty (d) 
and section sixty-five (&) of this act. 

(b) The periods within which proceedings for the collection of 
compensation may be commenced are as follows : 

(1) Proceedings for- the collection of the benefit provided by 
subsection (a) of section nine or for the collection of the disability 
payment provided by subsection (6) of said section nine must be 
commenced within six months from the date of the injury, except 
as otherwise provided in this act. 

(2) Proceedings for the collection of the death benefit provided 
by subsection (c) of said section nine must be commenced within 
one year from the date of death, and in any event within two 
hundred forty weeks from the date of the injury, and can only be 
maintained when it appears that death ensued within one year 
from the date of the injury, or that the injury causing death also 
caused disability which continued to the date of the death and for 
which a disability payment was made, or an agreement for its 
payment made, or proceedings for its collection commenced within 
the time limited for the commencement of proceedings for the 
recovery of the disability payment. 

(c) The payment of compensation, or any part thereof, or agree- g owex . 
ment therefor, shall have the effect of extending the period within tended, 
which proceedings for its collection may be commenced, six months 
from the date of the agreement or last payment of such compensa- 
tion, or any part thereof, or the expiration of the period covered 

by any such payment ; provided, however, that nothing contained 
in this section shall be construed to bar the right of any injured 
employee to institute proceedings for the collection of compensation 
within two hundred forty-five weeks after the date of the injury New and 
upon the grounds that the original injury has caused new and further 
further disability; and the jurisdiction of the commission, in such lenity. 



128 BUREAU OF LABOR STATISTICS. 

cases, shall be a continuing jurisdiction at all times within such 
period ; provided, further, that the provisions of this section shall 
Em- not apply to an employee who is totally disabled and bedridden as 
ployee a re sult of his injury, during the continuance of such condition 
ridden, or until the expiration of six months thereafter. 
Em- (d) If an injured employee, or in the case of his death, one or 

ployee more of his dependents, shall be under twenty-one years of age_or 
age or incompetent at any time when any right or privilege accrues to 
incom- SU ch person under the provisions of this act, a general guardian, 
appointed by the court, or a guardian ad litem or trustee appointed 
by the commission or a commissioner may, on behalf of any such 
person, claim and exercise any such right or privilege with the 
same force and effect as if no such disability existed ; and no 
limitation of time provided by this act shall run against any such 
person under twenty-one years of age or incompetent unless and 
until such guardian or trustee is appointed. The commission shall 
have power to determine the fact of the minority or incompetency 
of any injured employee and may appoint a trustee to receive and 
disburse compensation payments for the benefit of such minor or 
incompetent and his family. 
Refusal ( e ) ^o compensation shall be payable in case of the death or 
to sub- disability of an employee if his death is caused, or if and so 
medical ^ ar as n ^ s disability is caused, continued, or aggravated, by an 
treat- unreasonable refusal to submit to medical treatment, or to any 
surgical treatment, the risk of which is, in the opinion of the 
commission, based upon expert medical or surgical advice, incon- 
siderable in view of the seriousness of the injury. 
Pre- (f) The fact that an employee has suffered a previous disability, 

existing or rece j ves compensation therefor, shall not preclude him from 
ability, compensation for a later injury, or his dependents from compensa- 
tion for death resulting therefrom, but in determining compensation 
for the later injury, or death resulting therefrom, his average 
annual earnings shall be fixed at such sum as will reasonably 
represent his annual earning capacity at the time of the later 
injury. 
Effect (g) Any payment, allowance or benefit received by the injured 

ofp * y " employee during the period of his incapacity, or by his dependents 
indem- in the event of his death, which by the terms of this act was not 
nity - theD due and payable or when there is any dispute or question con- 
cerning the right to compensation, shall not, in the absence of any 



LABOR LAWS GENERAL. 129 

agreement, be construed to be an admission of liability for com- 
pensation on the part of the employer, or the acceptance thereof 
as a waiver of any right or claim which the employee or his 
dependents may have against the employer, but any such payment, 
allowance or benefit may be taken into account by the commission 
in fixing the amount of the compensation to be paid. 

(/i) The running of the period of limitations prescribed by this Limita- 
section is an affirmative defense and operates to bar the remedy ^^ 
and not to extinguish the right of the employee. It may be waived, tive 
and failure to present such defense prior to the submission of the defense - 
cause for decision shall be a sufficient waiver. Waiver. 

Sec. 12. (a) The average annual earnings referred to in sec- 
tion nine hereof shall be fifty-two times the average weekly earn- 
ings referred to in said section ; in computing such earnings the 
average weekly earnings shall be taken at not less than six dollars 
and forty-one cents nor more than thirty-two dollars and five cents, 
and three times the average annual earnings shall be taken at not 
less than one thousand dollars nor more than five thousand dollars, 
and between said limits said average weekly earnings shall be 
arrived at as follows : 

(1) If the injured employee has worked in the same employment, 
whether for the same employer or not, during at least two hundred 
sixty days of the year preceding his injury, his average weekly 
earnings shall consist of ninety-five per cent of six times the daily 
earnings at the time of such injury where the employment is for 
six full working days a week. Where his employment is for five, 
five and one-half, six and one-half or seven working days a week, 
the average weekly earnings shall be ninety-five per cent of five, 
five and one-half, six and one-half or seven times the daily earnings 
at the time of the injury, as the case may be. 

(2) If the injured employee has not so worked in such employ- 
ment during at least two hundred sixty days of such preceding 
year, his average weekly earnings shall be based upon the daily 
earnings, wage or salary of an employee of the same class working 
at least two hundred sixty days of such preceding year in the same 
or a similar kind of employment in the same or a neighboring place, 
computed in accordance with the provisions of the preceding sub- 
division. 

(3) If the earnings be irregular or specified to be by the week, 
month, or other period, then the average weekly earnings mentioned 

9—32683 



130 BUREAU OF LABOR STATISTICS. 

in subdivisions (1) and (2) above shall be ninety-five per cent of 
the average earnings during such period of time, not exceeding 
one year, as may conveniently be taken to determine an average 
weekly rate of pay. 

(4) Where the employment is for less than five days per week or 
is seasonal or where for any reason the foregoing methods of arriv- 
ing at the average weekly earnings of the injured employee can not 
reasonably and fairly be applied, such average weekly earnings 
shall be taken at ninety-five per cent of such sum as shall reason- 
ably represent the average weekly earning capacity of the injured 
employee at the time of his injury, due consideration being given 
to his actual earnings from all sources and employments during the 
year preceding his injury ; provided, that the earnings from other 
occupations shall not be allowed in excess of the rate of wages 
paid at the time of the injury. 
Over- W In determining such average weekly earnings, there shall 

time. be included overtime and the market value of board, lodging, fuel, 
B . and other advantages received by the injured employee, as part of 
and his remuneration, which can be estimated in money, but such 
lodging. avera ge weekly earnings shall not include any sum which the 
employer may pay to the injured employee to cover any special 
expenses entailed on him by the nature of his employment. 
Em- (c) If the injured employee is under twenty-one years of age, 

^f d y e e r e and his incapacity is permanent, his average weekly earnings shall 
age and be deemed, within the limits fixed, to be the weekly sum that under 
ability ordinary circumstances he would probably be able to earn after 
perma- attaining the age of twenty-one years, in the occupation in which 
nent * he was employed at the time of the injury or in any occupation to 
which he would reasonably have been promoted if he had not been 
injured, and if such probable earnings after attaining the age of 
twenty-one years can not reasonably be determined, such average 
weekly earnings shall be based upon three dollars a day for a six- 
day week. 
Partial Sec. 13. The weekly loss in wages in case of temporary partial 
disability shall consist of the difference between the average weekly 
earnings of the injured employee, computed according to the pro- 
visions of section nine, and the weekly amount which the injured 
employee will probably be able to earn during the disability, to be 
determined in view of the nature and extent of the injury. In 









dis- 
ability. 



LABOR LAWS — GENERAL. 131 

computing such probable earnings due regard shall be given to the Loss in 
ability of the injured employee to compete in an open labor market. wages - 
I? evidence of exact loss of earnings be lacking, such weekly loss 
in wages may be computed from the proportionate loss of physical 
ability or earning power caused by the injury. 

Sec. 14. (a) The following shall be conclusively presumed to con- 
be wholly dependent for support upon a deceased employee : elusive 

(1) A wife upon a husband with whom she was living at the tions. 
time of his death, or for whose support such husband was legally 
liable at the time of his death. 

(2) A child or children under the age of eighteen years, or over 
said age, but physically or mentally incapacitated from earning, 
upon the parent with whom he or they are living at the time of the 
death of such parent or for whose maintenance such parent was 
legally liable at the time of death, there being no surviving 
dependent parent. 

(6) In all other cases, questions of entire or partial dependency 
and questions as to who constitute dependents and the extent of 
their dependency shall be determined in accordance with the fact, 
as the fact may be at the time of the injury of the employee. 

(c) No person shall be considered a dependent of any deceased R e i a - 

employee unless in good faith a member of the familv or household tionship 

neees- 
of such employee, or unless such person bears to such employee S ary. 

the relation of husband or wife, child, posthumous child, adopted 

child or stepchild, father or mother, father-in-law or mother-in-law, 

grandfather or grandmother, brother or sister, uncle or aunt, 

brother-in-law or sister-in-law, nephew or niece. 

(d) 1. If there is one or more persons wholly dependent f or Appor- 
support upon a deceased employee, such person or persons shall tion ~ 
receive the entire death benefit, and any person or persons partially death 
dependent shall receive no part thereof. benefit. 

2. If there is more than one such person wholly dependent for 
support upon a deceased employee, the death benefit shall be 
divided equally among them. 

3. If there is more than one person partially dependent for 
support upon a deceased employee, and no person wholly dependent 
for support, the amount allowed as a death benefit shall be divided 
among the persons so partially dependent in proportion to the 
relative extent of their dependency. 



132 BUREAU OF LABOR STATISTICS. 

Discre- (e) The commission may, anything in this act contained to the 
tion of contrary notwithstanding, set apart or reassign the death benefit to 
mission, any one or more of the dependents in accordance with their respec- 
tive needs and as may be just and equitable, and may order pay- 
ment to a dependent subsequent in right, or not otherwise entitled, 
upon good cause being shown therefor. Such death benefit shall be 
paid to such one or more of the dependents of the deceased or to a 
trustee appointed by the commission or a commissioner for the 
benefit of the person or persons entitled, as may be determined by 
the commission. The person to whom the death benefit is paid for 
the use of the several beneficiaries shall apply the same in compli- 
Effect ance with the findings and directions of the commission. In the 
°fb e ie- even t °f the death of a dependent beneficiary of any deceased 
ficiary. employee, if there be no surviving dependent, the death of such 
dependent shall terminate the death benefit, which shall not survive 
to the estate of such deceased dependent, except that payments of 
such death benefit accrued and payable at the time of the death 
of such sole remaining dependent shall be paid upon the order of 
the commission to the heirs of such dependent or, if none, to the 
heirs of the deceased employee, without administration. 

Sec. 15. No claim to recover compensation under this act shall 
be maintained unless within thirty days after the occurrence of 
the injury which is claimed to have caused the disability or death, 
notice in writing, stating the name and the address of the person 
injured, the time and the place where the injury occurred, and the 
nature of the injury, and signed by the person injured or some one 
in his behalf, or in case of his death, by a dependent or some one 
in his behalf, shall be served upon the employer ;provided, however, 
that knowledge of such injury, obtained from any source, on the 
part of such employer, his managing agent, superintendent, fore- 
man, or other person in authority, or knowledge of the assertion 
of a claim of injury sufficient to afford opportunity to the employer 
to make an investigation into the facts, shall be equivalent to 
such service ; and provided, further, that the failure to give any 
such notice, or any defect or inaccuracy therein, shall not be a bar 
to recovery under this act if it is found as a fact in the proceedings 
for the collection of the claim that there was no intention to mis- 
lead or prejudice the employer in making his defense, and that he 
was not in fact so misled or prejudiced thereby. 



LABOR LAWS GENERAL. 133 

Sec. 16. (a) Whenever the right to compensation under this 
act would exist in favor of any employee, he shall, upon the written 
equest of his employer, submit from time to time, as may be 
easonable, to examination by a practicing physician, who shall be 
provided and paid for by the employer, and shall likewise submit 
to examination from time to time by any physician selected by the 
ommission or any member or referee thereof. 
(6) The request or order for such examination shall fix a time 
and place therefor, due consideration being given to the convenience 
of the employee and his physical condition and ability to attend 
at the time and place fixed. The employee shall be entitled to have 
a physician provided and paid for by himself present at any Effect of 
examination required by his employer. So long as the employee, failure 
after such written request of the employer, shall fail or refuse to SU bmit. 
submit to such examination or shall in any way obstruct the same, 
his right to begin or maintain any proceeding for the collection of 
compensation shall be suspended ; and if he shall fail or refuse to 
submit to examination after direction by the commission, or any 
member or referee thereof, or shall in any way obstruct the same, 
his right to the disability payments which shall accrue during thephysi- 
period of such failure, refusal or obstruction, shall be barred. Any f ia ?. f t0 
physician who shall make or be present at any such examination 
may be required to report or testify as to the results thereof. 

Sec. 17. (a) Upon the filing with the commission by any party Notice 
in interest* of an application in writing stating the general nature [jL-j.- 
of any dispute or controversy concerning compensation, or concern- 
ing any right or liability arising out of, or incidental thereto, juris- 
diction over which is vested by this act in the commission, a time 
and place shall be fixed for the hearing thereof, which hearing, 
unless otherwise agreed to by all the parties thereto, must be held 
not less than ten days nor more than thirty days after the filing of 
such application. The person filing such application shall be 
known as the applicant and the adverse party shall be known as 
the defendant. A copy of said application, together with a notice 
of the time and place of hearing thereof, shall forthwith be served 
upon all adverse parties and may be served either as a summons 
in a civil action or in the same manner as any other notice that 
is authorized or required to be served under the provisions of this 
act. A notice of the time and place of hearing shall also be served 
upon the applicant. 



for all 
claims. 



134 BUEEAU OF LABOR STATISTICS. 

Contro- (&) The jurisdiction of the commission shall include any contro- 
lled!- yersy bating to or arising out of the provisions of subsection (a) 
cal of section nine of this act, unless an express agreement shall have 

expense. \y een ma de between the persons or institutions rendering such 
treatment and the employer or insurance carrier fixing the amount 
to be paid for the services. 
One (c) There shall be but one cause of action for each transaction 

^ use coming within the provisions of this act, and all claims brought for 
action medical expense, disability payments, death benefits, burial expense, 
liens or any other matter arising out of such transaction may, in 
the discretion of the commission, be joined in the same proceeding 
at any time. 
Claim (d) The death of an employer subsequent to the sustaining of 

efute an m J urv Dy an employee shall not impair the right of such 
of de- employee to proceed before the commission against the estate of 
em _ such employer, and the failure of such employee or his dependents 
ployer. to cause the claim to be presented to the executor or administrator 
of the estate shall not in any way bar or suspend such right. 

Sec. 18. (a) If any defendant desires to disclaim any interest 
in the subject-matter of the claim in controversy, or considers that 
the application is in any respect inaccurate or incomplete, or desires 
to bring any fact, paper or document to the attention of the com- 
mission as a defense to the claim, or otherwise, he may, within five 
Answer days after the service of the application upon him, file with or mail 
fendant to ^ ie commission his answer setting forth the particulars in which 
the application is inaccurate or incomplete, and the facts upon 
which he intends to rely. A copy of such answer must be forthwith 
served upon all adverse parties. Evidence upon matters not 
pleaded by answer shall be allowed only upon such terms and 
conditions as may be imposed by the commission or commissioner 
or referee holding the hearing. 
Effect of ( h ) If the defendant fails to appear or answer, no default shall 
failure j^ taken against him, but the commission shall proceed to the 
answer, hearing of the matter upon such terms and conditions as it may 
deem proper. Such defendant failing to appear or answer, or sub- 
sequently contending that no service was made upon him, or 
claiming to be aggrieved in any other manner by want of notice of 
tho pendency of the proceedings, may apply to the commission for 
relief substantially in accordance with the provisions of section 



LABOR LAWS GENERAL. 135 

four hundred severe-three of the Code of Civil Procedure, and theApplica- 
commission is hereby authorized to afford such relief. No right Jj^ 
to relief, including the claim that the findings and award of the when ' 
commission or judgment entered thereon are void upon their face, valid - 
shall accrue to such defendant in any court unless prior application 
shall have been made to the commission in accordance with this 
subsection, and in no event shall any application to any court be 
allowed except as prescribed in sections sixty-seven and sixty-eight 
of this act. 

(c) If upon the filing of an application, such application shows Dis- 
upon its face that the applicant is not entitled to compensation, Jf^lL 
the commission may, upon its own motion or upon the motion of cation 
the adverse party, and after opportunity to the applicant to be^£? n ut 
heard orally or in writing, and upon good cause appearing therefor, 
dismiss the application prior to any hearing thereon. The pendency 

of such motion or notice of intended dismissal shall not, unless 
otherwise ordered by the commission, delay the hearing upon the 
application upon its merits. 

(d) Upon the filing of an application by or on behalf of an Attach- 
injured employee or his dependents or any other party in interest, ment. 
the commission may, in its discretion, in the cases mentioned in 
section four hundred twelve of the Code of Civil Procedure, direct 

the county clerk of any county or city and county to issue writs 
of attachment authorizing the sheriff to attach the property of the 
defendant in an amount not to exceed the greatest probable award 
against him in such matter, to be fixed by the commission, as 
security for the payment of any compensation which may there- 
after be awarded. The provisions of part two, title seven, chapter 
four, of the Code of Civil Procedure of this state, as far as 
applicable to proceedings before the commission, shall govern the 
proceedings upon attachment, and the commission shall be substi- No at- 
tuted for the superior court in said provisions for the purpose of{£ e c ^ t ~ 
this act. No writ of attachment shall be issued except upon the when 
order of the commission or a commissioner, and such order shall not X" vee 
be made where it appears from the application or affidavit in sup- is 
port thereof that the employer was, at the time of the injury to the msured - 
employee, insured against liability imposed by this act in any 
insurance carrier licensed to do business in the State of California. 
If it should at any time after the levying of an attachment be made 






136 BUREAU OF LABOR STATISTICS. 



to appear that such employer was so insured, and the requisites 
for dismissing said employer from the proceeding and substituting 
the insurance carrier as defendant under any of the methods pre- 
scribed under section thirty (e) of this act be established, the 
commission must forthwith discharge the attachment. In levying 
such attachment, preference must be given to the real property 
of the employer. 
Adjourn- g EC . 19. ( a ) n pleadings, other than the application and 
answer, shall be required. The hearing on the application may be 
adjourned from time to time and from place to place in the discre- 
tion of the commission or commissioner or referee holding such 
Rights hearing. Either party shall have the right to be present at any 
of. hearing, in person or by attorney or by any other agent, and to 

1 lgan ' present such testimony as shall be pertinent under the pleadings, 
Testi- but the commission may, with or without notice to either party, 
?ken canse testimony to be taken, or inspection of the premises where 
without the injury occurred to be made, or the timebooks and pay roll of the 
notice, employer to be examined by any commissioner or referee appointed 
Order by tne commission, and may from time to time direct any employee 
for claiming compensation to be examined by a regular physician; the 

exami- testimony so taken and the results of any such inspection or exami- 
nation, nation to be reported to the commission for its consideration. 
Stipula- (&) The parties to a controversy may stipulate the facts relative 
tion of thereto in writing and file such stipulation with the commission. 
The commission may thereupon make its findings and award based 
upon such stipulation, or may in its discretion set the matter down 
for hearing and take such further testimony or make such further 
investigations as may be necessary to enable it to completely deter- 
mine the matter in controversy. 
Docu- (c) The commission may receive as evidence, either at or subse- 

UJj" ary quent to a hearing, and use as proof of any fact in dispute, the 
dence. following matters, in addition to sworn testimony presented in open 
hearing : 

(1) Reports of attending or examining physicians. 

(2) Reports of special investigators appointed by the commis- 
sion or a commissioner or referee to investigate and report upon 
any scientific or medical question. 

(3) Reports of employers containing copies of time sheets, book 
accounts, reports and other records, properly authenticated. 



LABOR LAWS GENERAL. 137 

(4) Properly authenticated copies of hospital records of the case 
f the injured employee. 

(5) All publications of the commission. 

(6) All official publications of state and United States govern- 
nents. 

(7) Excerpts from expert testimony received by the commission Expert 
ipon similar issues of scientific fact in other cases and the prior testi ; . 
lecisions of the commission upon such issues ; provided, however, similar 
hat transcripts of all testimony taken without notice and copies of cases - 
11 reports and other matters added to the record, otherwise than 

luring the course of an open hearing, be served upon the parties 
o the proceeding, and opportunity be given to produce testimony 
n explanation or rebuttal before decision is rendered. 

(d) The burden of proof lies upon the party holding the affirm a- Burden 

ive of the issue. The following are affirmative defenses, and the of proof - 

mrden of proof shall rest upon the employer to establish them : tive™^-" 

(1) That an injured person claiming to be an employee is an fenses. 
independent contractor or otherwise excluded from the protection 

o£ this act, where there is proof that such injured person was at 
the time of his injury actually performing service for the alleged 
employer. 

(2) Intoxication of an employee causing his injury. 

(3) Wilful misconduct of an employee causing his injury. 

(4) Aggravation of disability by unreasonable conduct of the 
employee. 

(5) Prejudice to the employer by failure of the employee to give 
notice, as required by section fifteen. 

(e) Where it is represented to the commission, either before or 
after the filing of an application, that an employee has died as a 
result of injuries sustained in the course of his employment, the 
commission may require an autopsy, and the report of the physician 
performing such autopsy may be received in evidence in any pro- 
ceedings theretofore or thereafter brought. If at the time such 
autopsy is requested the body of such employee be in the custody 
of the coroner, the coroner must, upon the request of the commis- 
sion or of any party interested, afford reasonable opportunity for 
the attendance of any physicians named by the commission at any 
autopsy ordered by him. If the coroner should not require, or shall 
have already performed such autopsy, he shall permit an autopsy 
or reexamination to be performed by physicians named by the 



138 BUREAU OF LABOR STATISTICS. 

commission. No fee shall be charged by the coroner for any service, 
arrangement or permission given by him. 

If the body is not in the custody of the coroner, the commission 
shall have authority to authorize the performance of such autopsy 
and the exhumation of the body for such purpose if necessary. 
If the dependents, or a majority thereof, of any such deceased 
employee, having the custody of the body of such deceased employee, 
shall refuse to allow the performance of such autopsy, such autopsy 
shall not be held ; but upon the hearing of any application for 
compensation it shall be a disputable presumption that the injury 
or death was not due to causes entitling the claimants to benefits 
under this act. 

Findings Sec. 20. (a) After final hearing by the commission, it shall, 
and within thirty days, make and file (1) its findings upon all facts 
involved in the controversy and (2) its award which shall state 
its determination as to the rights of the parties. 

(b) The commission in its award may fix and determine the 
total amount of compensation to be paid and specify the manner of 
payment, or may fix and determine the weekly disability payment 
to be made and order payment thereof during the continuance of 
such disability. 

(c) If, in any proceeding under sections six to thirty-one, inclu- 
sive, of this act, it is proved that an injury has been suffered for 
which the employer would be liable to pay compensation if disability 
had resulted therefrom, but it is not proved that any incapacity had 

Nominal resu lted, the commission may, instead of dismissing the application, 
indem- award a nominal disability indemnity, if it appears that disability 

y ' is likely to result at a future time. 
Con- (d) The commission shall have continuing jurisdiction over all 

tinuing j(s orders, decisions and awards made and entered under the pro- 
Son, visions of sections six to thirty-one, inclusive, of this act and may 
at any time, upon notice, and after opportunity to be heard is 
given to the parties in interest, rescind, alter or amend any such 
order, decision or award made by it upon good cause appearing 
therefor, such power including the right to review, grant or regrant, 
diminish, increase or terminate, within the limits prescribed by this 
act, any compensation awarded, upon the grounds that the disability 
of the person in whose favor such award was made has either 
recurred, increased, diminished or terminated ; provided, that no 



LABOR LAWS GENERAL. 139 

award of compensation shall be rescinded, altered or amended after 
two hundred forty-five weeks from the date of the injury. Any 
order, decision or award rescinding, altering or amending a prior 
order, decision or award shall have the same effect as is herein 
provided for original orders, decisions or awards. 

Sec. 21. (a) Any party affected thereby may file a certified 
copy of the findings and award of the commission with the clerk 
of the superior court of any county, or city and county, and judg- Entry of 
ment must be entered by the clerk in conformity therewith imme- ^ en " s " 
diately upon the filing of such findings and award. 

(b) The certified copy of the findings and award of the commis- j U( j g _ 
sion and a copy of the judgment shall constitute the judgment roll. ra ^ nt 
The pleadings, all orders of the commission, its original findings 
and award, and all other papers and documents filed in the cause 
shall remain on file in the office of the commission. 

(c) The commission, or any member thereof, may stay the execu- Stay of 
tion of any judgment entered upon an award of the commission, lf^ u ' 
upon good cause appearing therefor and upon such terms and 
conditions as may be imposed. A certified copy of such order 
shall be filed with the clerk entering judgment. Where it is deemed 
desirable to stay the enforcement of an award and a certified copy 

of said findings and award has not been issued by the commission, 

the commission, or any member thereof, may order such certified with- 

copy to be withheld with the same force and under the same con- holding 

certified 
ditions as it might issue a stay of execution if said certified copy CO p y . 

had been issued and judgment entered thereon. 

(d) When a judgment is satisfied in fact, otherwise than upon s a tis- 

an execution, the commission may, upon motion of either party faction 

of judg- 
or of its own motion, order the entry of satisfaction of the jndg-ment. 

ment to be made, and upon filing a certified copy of such order 

with the said clerk, he shall thereupon enter such satisfaction, and 

not otherwise. 

Sec. 22. The orders, findings, decisions or awards of the com- j> ev j ew 
mission made and entered under sections six to thirty-one, inclusively 
of this act may be reviewed by the courts specified in sections 
sixty-seven and sixty-eight hereof and within the time and in the 
manner therein specified and not otherwise. 

Sec. 23. No fees shall be charged by the clerk of any court Fees of 
for the performance of any official service required by this act, court 
except for the docketing of awards as judgments and for certified c ei s ' 



140 BUREAU OF LABOR STATISTICS. 

copies of transcripts thereof. In all proceedings under this act 
Allow- before the commission, costs as between the parties shall be allowed 
costs ° f or not * n ^e discretion of the commission and the commission 
and may, in its discretion, where payments of compensation have been 
interest. unre asonably delayed, allow the beneficiary thereof interest thereon, 
at not to exceed one and one-half per cent per month, during such 
period of delay. 
Compen- Sec. 24. (a) No claim for compensation shall be assignable 
sation before payment, but this provision shall not affect the survival 
not as- thereof, nor shall any claim for compensation, or compensation 
signable. awar( j e d, adjudged or paid, be subject to be taken for the debts 
of the party entitled to such compensation, except as hereinafter 
provided. No compensation, whether awarded or voluntarily paid, 
shall be paid to any attorney at law or in fact or other agent, but 
Payable shall be paid directly to the claimant entitled to the same, unless 
claimant otherwise ordered by the commission. Any payment made to such 
attorney at law or in fact or other agent in violation of the pro- 
visions of this section shall not be credited to the employer. 

(&) The commission may fix and determine and allow as a lien 
against any amount to be paid as compensation : 
Attor- (1) A reasonable attorney's fee for legal services pertaining to 

neys fee. any c ] a i m f or compensation or application filed therefor and the 

reasonable disbursements in connection therewith. 
Medical (2) The reasonable expense incurred by or on behalf of the 
expense. j n j ure( j employee, as defined in subsection (a) of section nine 

hereof. 
Living (3) The reasonable value of the living expenses of an injured 

e * employee, not exceeding sixty-five per cent of his weekly wages 
between the date of his injury and the payment of the disability 
payment or death benefit ; provided, that no such allowance shall be 
made while an injured employee is confined to a hospital for treat- 
ment. 
Burial (4) The reasonable burial expenses of the deceased employee, 

expense. not tQ excee( j the sum of one hundred dollars. 

Living (5) The reasonable living expenses of the wife or minor children 

expense f the injured employee, or both, subsequent to the date of the 
l T m e injury, where such employee has deserted or is neglecting his family, 
minor to be allowed in such proportion as the commission shall deem 
proper, upon application of the wife or guardian of the minor 
children. 



LABOR LAWS — GENERAL. 141 

(c) If notice in writing be given to the employer setting forth Notice 
the nature and extent of any claim that may be allowed as a lien, ap d 
the said claim shall be a lien against any amount thereafter to be ance of 
paid as compensation, subject to the determination of the amount lien - 
and approval thereof by the commission. The commission may, in 

its discretion, order the amount of such claim as fixed and allowed 
by it paid directly to the person entitled, either in a lump sum or 
in installments. Where it appears in any proceeding pending Request 
before the commission that a lien should be allowed if the same for l ien 
had been duly requested by the party entitled thereto, the commis- essary. 
sion may, in its discretion, and without any request for such lien 
having been made, order the payment of such claim to be made 
directly to the person entitled, in the same manner and with the 
same effect as though such lien had been regularly requested, and 
the award to such person shall constitute a lien against unpaid 
compensation due at the time of service of said award. 

(d) No claim or agreement for the legal services or disburse- Reason- 
ments mentioned in paragraph (1) of subsection (6) hereof, or able 
for the expense mentioned in paragraph (2) of said subsection (6),ofcer- 
in excess of a reasonable amount, shall be valid or binding in any tain ex " 

D6HS6S 

respect, and it shall be competent for the commission to determine 
what constitutes such reasonable amount. 

(e) A claim for compensation for the injury or death of any Prefer . 
employee, or any award or judgment entered thereon, shall have the ence of 
same preference over the other unsecured debts of the employer f™£™~ 
or insurance carrier as is given by law to claims for wages. Such claims, 
preference shall be for the entire amount of compensation to be 
paid, but this section shall not impair the lien of any previous 
award. 

Sec. 25. The liability of principal employers and contracting 
employers, general or intermediate, for compensation under this 
act, when other than the immediate employer of the injured 
employee, shall be as follows: 

(a) When any such employer undertakes to do, or contracts p rinci _ 
with another to do, or to have done, any work, either directly or pal em- 
through contractors or subcontractors, then such principal employer ^Con- 
or contracting employer shall be liable to pay to any employee tractor, 
injured while engaged in the execution of such work, or to his 
dependents in the event of his death, or to any other person, any 
compensation which the immediate employer is liable to pay, and 



142 BUREAU OF LABOR STATISTICS. 

the commission shall have jurisdiction to determine all controversies 
arising under this section. 
Recovery ( ) The person entitled to such compensation shall have the 
both. right to recover the same directly from his immediate employer, 
and in addition thereto the right to enforce in his own name, in 
the manner provided by this act, the liability for compensation 
imposed upon other persons by this section, either by making such 
other persons parties to the original application or by filing a sep- 
arate application ; provided, however, that payment in whole or in 
part of such compensation by either the immediate employer or 
other person shall, to the extent of such payment, be a bar to 
recovery against the other. 
Subroga- (c) When any person, other than the immediate employer, shall 
tion of have paid any compensation for which he would not have been 
cipal. liable independently of this section, he shall, unless he caused the 
injury, be entitled to recover the full amount so paid from the 
person primarily liable therefor, and jurisdiction to determine his 
claim shall be vested in the commission ; provided, that such right 
of reimbursement against the person primarily liable for compen- 
Imme- sation shall not exist in favor of any insurance carrier insuring 
diate em- sucn other persons upon whom liability is imposed by this section, 
joining in any case where the immediate employer shall have joined with 
in insur- an y f suc h other persons in taking out such policy of insurance or 
with shall have contributed to the payment of the premium for such 
P™ 1 " insurance, with the intent of securing joint protection thereby, 

anything in the policy to the contrary notwithstanding. 
Limita- (d) The liability imposed by this section shall be subject to the 
liability. Allowing limitations: 

(1) Such liability shall exist only in cases where the injury 
occurred on or in or about the premises on which the principal 
employer or contracting employer, whether general or intermediate, 
has undertaken to execute or to have executed any work, or when 
such premises or work are- otherwise under his control or manage- 
ment. 

(2) Such liability shall not exist in the event that the immediate 
employer, or other person primarily liable for the compensation 
shall, previous to the suffering of such injury, have taken out, and 
maintained in full force and effect, compensation insurance with 
any insurance carrier, covering his full liability for compensation. 



LABOR LAWS — GENERAL. 143 

(3) The commission may, in its discretion, order that execution stay of 

.gainst such principal employer or contracting employer be stayed execu- 

intil execution against the immediate employer shall be returned against 

id satisfied. p . rin : 

cipal. 
(e) The findings and award of this commission entered against 

.he immediate employer shall be conclusive for or against all 
ersons upon whom liability is imposed by this section as to the 
act and extent of liability of such immediate employer. 

Sec. 2(3. When any injury for which compensation is payable subroga- 
inder the provisions of this act shall have been sustained under tion of 
jircumstances creating in some other person than the employer a emp05er 
egal liability to pay damages in respect thereto, the injured 
mployee may claim compensation under the provisions of this act, 
>ut the payment or award of compensation shall not affect the 
laim or right of action of such injured employee against such 
)ther person, but such injured employee may proceed at law 
gainst such person to recover damages ; and any employer having 
mid, or having become obligated to pay, compensation, may bring 
in action against such other person to recover damages, and 
widence of any amount he has paid or become obligated to pay, 
is compensation, shall not be admissable ; provided, that if either 
uch employee or such employer shall bring such action against 
uch third person, he shall forthwith notify the other in writing, xotice 
>y personal presentation or by registered mail, of such fact and of action 
>f the name of the court in which suit is brought, filing proofed 5 
hereof in such action, and such other may join as a party party, 
plaintiff in such action within thirty days after such notification, 
)r must consolidate his action, if brought independently, and if 
iuch other party fails to join or proceed as party plaintiff, his 
ight of action against such third person shall be barred. In the 
went that such employer and employee shall join as parties 
)laintiff in such action and damages are recovered, such damages 
hall be so apportioned that the claim of the employer shall take Am)or _ 
precedence over that of the injured employee, and if the damages tion- 
hall not be sufficient or shall be only sufficient to reimburse the "^^l 
employer for the compensation which he has paid, or has become 
obligated to pay, with a reasonable allowance for an attorney's fee, 
to be fixed by the court, and his costs, such damages shall be 
assessed in his favor ; but if the damages shall be more than suffi- 
cient to reimburse him, the damages shall be assessed in his favor 



I 



144 BUREAU OF LABOR STATISTICS. 

sufficient to so reimburse him, and the excess shall be assessed 

in favor of the injured employee. In case such employee shall 

prosecute such suit to judgment without the union of the 

employer by joinder or consolidation, the employer shall 

Lien of have a first lien upon any damages secured by the employe 

employer ^ sucn proceeding for the compensation the employer has 

paid, or has become obligated to pay, and may, by motion 

in open court, secure the allowance of said lien at any time 

before satisfaction of the judgment ; and if such suit shall 

be prosecuted to judgment by the employer alone, such 

employer shall hold the damages recovered by him, over and 

Damages above the compensation which he has paid, or has become 

of com- S obligated to pay, with a reasonable allowance for an attor- 

pensa- ney's fee, to be fixed by the court, and his costs, for the 

10n * benefit of the injured employee or other person entitled, and 

the injured employee shall, in addition to other remedies 

provided by law, be entitled, by motion in open court, to 

have such excess awarded to him in the judgment entered 

by the court, at any time prior to satisfaction thereof. 

Sec. 27. (a) No contract, rule or regulation shall exempt 
the employer from liability for the compensation fixed by this 
act, but nothing in this act contained shall be construed as 
impairing the right of the parties interested to compromise, 
subject to the provisions herein contained, any liability which 
may be claimed to exist under this act on account of such 
injury or death, or as conferring upon the dependents of any 
injured employee any interest which such employee may not 
divert by such compromise or for which he, or his estate, 
shall, in the event of such compromise by him, be accountable 
to such dependents or any of them. 
Requi- (&) The compensation herein provided shall be the 

sites of measure of the responsibility which the employer has 
release, assumed for injuries or death that may occur to employees 
in his employment when subject to the provisions of this 
act, and no release of liability or compromise agreement shall 
be valid unless it provide for the payment of full compensa- 
tion in accordance with the provisions of this act or unless it 
shall be approved by the commission. 



LABOR LAWS GENERAL. 145 

(c) A copy of such release or compromise agreement 
signed by both parties shall forthwith be filed with the 
commission. When such release or compromise agreement 
is filed with the commission and approved by it, the com- 
mission may of its own motion, or on the application of 
either party, without notice, enter its award based upon such 
release or compromise agreement. 

(d) Every such release or compromise agreement shall 
be in writing, duly executed and attested by two disinterested 
witnesses, and shall specify the date of the accident, the 
average weekly wages of the employee, determined according 
to section twelve hereof, the nature of the disability, whether 
total or partial, permanent or temporary, the amount paid 
or due and unpaid to the employee up to the date of the 
release or agreement or death, as the case may be, and, if 
any. the amount of the payment or benefits then or thereafter 
to be made, and the length of time that such payment is to 
continue. In case of death there shall also be stated in such 
release or compromise agreement the date of death, the name 
of the widow, if any, the names and ages of all children, if 
any, and the names of all other dependents, if any, and 
whether such dependents be total or partial, and the amount 
paid or to be paid as a death benefit and to whom such 
payment is to be made. 

Sec. 28. (a) At the time of making its award, or at any 
time thereafter, the commission on its own motion, either 
with or without notice, or upon application of either party 
with due notice to the other, may, in its discretion, commute 
the compensation payable under this act to a lump sum, if 
it appears that such commutation is necessary for the pro- 
tection of the person entitled thereto, or for the best interest 
of either party, or that it will avoid undue expense or hard- 
ship to either party, or that the employer has sold or other- 
wise disposed of the greater part of his assets, or is about 
to do so, or that the employer is not a resident of this state, 
and the commission may order such compensation paid forth- 
with or at some future time. 

(6) The amount of the commuted payment shall be deter- 
mined in accordance with the following provisions : 



146 BUREAU OF LABOR STATISTICS. 

(1) If the injury causes temporary disability, the com- 
mission shall estimate the probable duration thereof and the 
probable amount of the temporary disability payments there- 
for, in accordance with the provisions of section nine hereof, 
and shall fix the lump sum payment at such amount so 
determined. 

(2) If the injury causes permanent disability or death, 
the commission shall fix the total amount of the permanent 
disability payment or death benefit payable therefor in 
accordance with the provisions of said section nine, and 
shall estimate the present value thereof, assuming interest 
at the rate of six per cent per annum, disregarding the 
probability of the beneficiary's death in all cases except 
where the percentage of permanent disability is such as to 
entitle the beneficiary to a life pension, and then taking into 
consideration the probability of the beneficiary's death only 
in estimating the present value of such life pension. 

(c) The commission in its discretion may order the lump 
sum payment, determined as hereinbefore provided, paid 
directly to the injured employee or his dependents, or 
deposited with any savings bank or trust company author- 
ized to transact business in this state, that will agree to 
accept the same as a deposit bearing interest, or the commis- 
ofTumD s * on may or & er the same deposited with the state compensa- 
sum. tion insurance fund. Any such amount so deposited, together 
with all interest derived therefrom, shall thereafter be held 
in trust for the injured employee, or in the event of his 
death, for his dependents, and the latter shall have no further 
recourse against the employer. Payments from said fund, 
when so deposited, shall be made by the trustee only in the 
same amounts and at the same time as fixed by order of the 
commission and until said fund and interest thereon shall 
be exhausted. In the appointment of the trustee preference 
shall be given, in the discretion of the commission, to the 
choice of the injured employee or his dependents. Upon 
the making of such payment, the employer shall present to 
the commission a proper receipt evidencing the same, exe- 
cuted either by the injured employee or his dependents, or 
by the trustee, and the commission shall thereupon issue its 
certificate in proper form evidencing the same, and such 



LABOR LAWS — GENERAL. 147 

certificate, upon filing with the clerk of the superior court 

in which any judgment upon an award may have been 

entered, shall operate as a satisfaction of said award and 

shall fully discharge the employer from any further liability 

on account thereof. 

(d) The commission may, where the employer is unin- Payment 

sured and the payments of compensation awarded are to be of lu PP 
.-.,. - X « « . . , - , . , sum into 

paid for a considerable time in the future, determine the state 

present worth of said future payments, discounted at the com Pen- 
rate of three per cent per annum, and order the said present insur- 
worth paid into the state compensation insurance fund, » nc *j 
which fund shall thereafter pay to the beneficiaries of said 
award the future payments as they become due. 

Sec. 29. (a) Every employer as defined in section seven 
hereof, except the state and all political subdivisions or 
institutions thereof, shall secure the payment of compensa- 
tion in one or more of the following ways : 

1. By insuring and keeping insured against liability to 
pay compensation in one or more insurance carriers duly 
authorized to write compensation insurance in this state. 

2. By securing from the commission a certificate of con- 
sent to self-insure, which may be given upon his furnishing 
proof satisfactory to the commission of ability to carry his 
own insurance and pay any compensation that may become 
due to his employees. The commission may, in its discretion, 
require such employer to deposit with the state treasurer 
a bond or securities approved by the commission, in an 
amount to be determined by the commission. Such certifi- 
cate may be revoked at any time for good cause shown. 

(6) If any employer shall fail so to secure the payment Effect of 
of compensation, any injured employee or his dependents may J ailure 
proceed against such employer by filing an application for 
compensation with the commission, and, in addition thereto, 
such injured employee or his dependents may bring an action 
at law against such employer for damages, the same as if this 
act did not apply, and shall be entitled in such action to the 
right to attach the property of the employer, at any time 
upon or after the institution of such action, in an amount 
to be fixed by the court, to secure the payment of any judg- 
ment which may ultimately be obtained. Such judgment 



148 BUREAU OF LABOR STATISTICS. 

shall include a reasonable attorney's fee to be fixed by the 
court. The provisions of the Code of Civil Procedure, except 
in so far as they may be inconsistent with this act, shail 
govern the issuance of and proceedings upon such attach- 
ment; provided, that if as a result of such action for dam- 
ages a judgment is obtained against such employer in excess 
of the compensation awarded under this act, the compensa- 
tion awarded by the commission, if paid, or if security 
approved by the court be given for its payment, shall be 
credited upon such judgment ; provided, further, that in such 
action it shall be presumed that the injury to the employee 
was a direct result and grew out of the negligence of the 
employer, and the burden of proof shall rest upon the 
employer to rebut the presumption of negligence. In such 
proceeding it shall not be a defense to the employer that the 
employee may have been guilty of contributory negligence, 
or assumed the risk of the hazard complained of, or that the 
injury was caused by the negligence of a fellow servant. 
No contract, rule or regulation shall be allowed to restore 
to the employer any of the foregoing defenses. 

Sec. 30. (a) Nothing in this act shall affect the organi- 
zation of any mutual or other insurance company, or any 
existing contract for insurance, or the right of the employer 
to insure in mutual or other companies, in whole or in part, 
against liability for the compensation provided by this act ; 
or to provide by mutual or other insurance, or by arrange- 
ment with his employees, or otherwise, for the payment to 
such employees, their families, dependents or representatives, 
of sick, accident or death benefits, in addition to the com- 
pensation provided for by this act; or the right of the 
employer to waive the waiting period provided for herein by 
No con- insurance coverage; provided, however, that it shall be unlaw- 
tribution ful for any employer to exact or receive from any employee 
ployee" anv contribution, or make or take any deduction from the 
earnings of any employee, either directly, or indirectly, to 
cover the whole or any part of the cost of compensation 
under this act, and it shall be a misdemeanor so to do. 

(b) Liability for compensation shall not be reduced or 
affected by any insurance, contribution, or other benefit 
whatsoever due to or received by the person entitled to such 



LABOR LAWS GENERAL. 149 

compensation, except as otherwise provided by this act, and 
the person so entitled shall, irrespective of any insurance 
or other contract, except as otherwise provided in this act, 
have the right to recover such compensation directly from 
the employer, and in addition thereto, the right to enforce Em _ 
in his own name, in the manner provided in this act, either ployee 
by making the insurance carrier a party to the original appli- ™ a fo rce 
cation or by filing a separate application, the liability of any insur- 
insurance carrier, which may, in whole or in part, have ^on- 
insured against liability for such compensation ; provided, tract. 
however, that payment in whole or in part of such compensa- 
tion by either the employer or the insurance company shall, 
to the extent thereof, be a bar to recovery against the other 
of the amount so paid; and provided, further, that as between 
the employer and the insurance company, payment by either 
directly to the employee, or to the person entitled to com- 
pensation, shall be subject to the conditions of the insurance 
contract between them. 

(c) Every contract insuring against liability for compen- Requi . 
sation, or insurance policy evidencing the same, must contain sites of 
a clause to the effect that the insurance carrier shall be p y ' 
directly and primarily liable to the employee and, in the 
event of his death, to his dependents, to pay the compensa- 
tion, if any, for which the employer is liable ; that, as 
between the employee and the insurance carrier, the notice to 

or knowledge of the occurrence of the injury on the part of 

the employer shall be deemed notice or knowledge, as the Notice 

case may be, on the part of the insurance carrier ; that of injury. 

jurisdiction of the employer shall, for the purpose of this act, 

be jurisdiction of the insurance carrier; and that the insur- Juris _ 

ance carrier shall in all things be bound by and subject to diction. 

the orders, findings, decisions or awards rendered against 

the employer under the provisions of this act. 

(d) Such policy must also provide that the employee shall Em- 
have a first lien upon any amount which shall become owing ^l ee s 
on account of such policy to the employer from the insur- lien, 
ance carrier, and that in case of the legal incapacity or 
inability of the employer to receive the said amount and pay 

it over to the employee or his dependents, the said insurance 



150 BUREAU OF LABOR STATISTICS. 

carrier may and shall pay the same directly to the said 
employee or his dependents, thereby discharging, to the 
extent of such payment, the obligations of the employer to 
the employee ; and such policy shall not contain any pro- 
visions relieving the insurance carrier from payment when 
the employer becomes insolvent or is discharged in bank- 
Policy ruptcy, or otherwise, during the period that the policy is in 
sumed to °P era ti° n or the compensation remains owing. Every con- 
contain tract insuring against liability for compensation, provided 
required ^ t ^ s act ^ or j nsurance policy evidencing the same shall 
visions, be conclusively presumed to contain all of the provisions 

required by this act. 
Notice (e) (1) If the employer shall be insured against liability 

by insur- f or compensation with any insurance carrier, and if after the 
carrier, suffering of any injury such insurance carrier shall serve 
or cause to be served upon any person claiming compensation 
against such employer a notice that it has assumed and 
agreed to pay the compensation, if any, for which the 
employer is liable, and shall file a copy of such notice with 
the commission, such employer shall thereupon be relieved 
from liability for compensation to such claimant and the 
insurance carrier shall, without notice, be substituted in 
place of the employer in any proceeding theretofore or there- 
after instituted by such person to recover such compensation, 
and the employer shall be dismissed therefrom. Such pro- 
ceedings shall not abate on account of such substitution but 
shall be continued against such insurance carrier. If at 
the time of the suffering of an injury for which compensa- 
tion is claimed, or may be claimed, the employer shall be 
insured against liability for the full amount of compensation 
Notice payable, or that may become payable, the employer may 
by em- se rve or cause to be served upon any person claiming com- 
P ° yer * pensation on account of the suffering of such injury and 
upon the insurance carrier a notice that the insurance 
carrier has in its policy contract or otherwise, assumed and 
agreed to pay the compensation, if any, for which the 
employer is liable, and may file a copy of such notice with 
the commission. If it shall thereafter appear to the satis- 
faction of the commission that the insurance carrier has, 






LABOR LAWS GENERAL. 151 

through the issuance of its contract of insurance or other- 
wise, assumed such liability for compensation, such employer 
shall thereupon be relieved from liability for compensation 
to such claimant and the insurance carrier shall, after notice, 
be substituted in place of the employer in any proceeding 
theretofore or thereafter instituted by such person to recover 
such compensation, and the employer shall be dismissed 
therefrom. Such proceeding shall not abate on account of 
such substitution, but shall be continued against such insur- 
ance carrier. 

(2) The commission may, with or without the filing ofSubsti- 
the notice required by the preceding paragraph, enter i^ s Without 
order relieving the employer from liability where it appears notice, 
from the pleadings, stipulations or proof that an insurance 
carrier joined as party to the proceeding is liable for the full 
compensation which the employer in such proceeding is liable 
to pay. 

(/) Where any employer is insured against liability for Subroga- 
compensation with any insurance carrier and such insurance } n °"_ 
carrier shall have assumed the liability of the employer ance 
therefor in the manner provided by this section, or shall carrier - 
have paid any compensation for which the employer is 
liable, or furnished or provided any medical services required 
by this act, such insurance carrier shall be subrogated to 
all the rights and duties of such employer and may enforce 
any such rights of its own name. 

(g) The state compensation insurance fund may insure State 
against any liability fixed under this act to the same extent^; 
as any insurance carrier. insure. 

Sec. 31. (a) If any insurance policy shall be issued 
covering liability for compensation, which policy shall con- 
tain any limitation as to the compensation payable, such 
limitation shall be printed in the body of such policy in 
bold-face type and in addition thereto the words "limited 
compensation policy" shall be printed on the top of the 
policy in bold-face type not less than eighteen point in size. 
Failure to observe the foregoing requirement shall render 
such policy unlimited. 



152 BUEEAU OF LABOR STATISTICS. 

No in- (&) No insurance carrier shall insure against the liability 

surance f ^he employer for the additional compensation recoverable 
addi- under the provisions contained in section six (6) hereof. 

tional g Ea 32. Nothing contained in this act shall be taken or 

compen- . f . , \. „. 

sation. construed to limit, interfere with, disturb, or render ineffect- 
ive in any degree, the creation, existence, organization, con- 
trol, management, contracts, rights, powers, duties and lia- 
bilities of the state compensation insurance fund, but ail 
such matters and things are hereby expressly confirmed, 
saved and continued. 

(Act 1913; amended Act 1915, chap. 607.) 
Creation Sec. 36. There is hereby created and established a fund 
and to be known as the "state compensation insurance fund/' to 
lish- be administered by the industrial accident commission of the 
ment - state, without liability on the part of the state beyond the 
amount of said fund, for the purpose of insuring employers 
against liability for compensation under this act and against 
the expense of defending any suit for damages under the 
optional provisions of section twelve hereof (subdivision ft), 
and insuring to employees and other persons the compensa- 
tion fixed by this act for employees and their dependents. 
The ^ EC# ^ ^ ^^ e sta ^ e compensation insurance fund shall 

fund. be a revolving fund and shall consist of such specific appro- 
priations as the legislature may from time to time make or 
set aside for the use of such fund, all premiums received 
and paid into the said fund for compensation insurance 
issued, all property and securities acquired by and through 
the use of moneys belonging to said fund and all interest 
earned upon moneys belonging to said fund and deposited or 
invested, as herein provided. 

(b) Said fund shall be applicable to the payment of losses 

sustained on account of insurance and to the payment of the 

salaries and other expenses to be charged against said fund 

in accordance with the provisions contained in this act. 

Com- (c) Said fund shall, after a reasonable time during which 

pe Jj tive f it may establish a business, be fairly competitive with other 

support- insurance carriers, and it is the intent of the legislature that 

ing - said fund shall ultimately become neither more nor less than 

self-supporting. In order that the state compensation insur- 



LABOR LAWS — GENERAL. 153 

ance fund shall ultimately become neither more nor less than 
self-supporting, the actual loss experience and expense of the 
fund shall be ascertained on or about the first of January in 
each year for the year preceding, and should it then be 
shown that there exists an excess of assets over liabilities, 
such liabilities to include the necessary reserves, and a rea- 
sonable surplus for the catastrophe hazard, then, in the dis- 
cretion of the commission, a cash dividend shall be declared 
to, or a credit allowed on the renewal premium of each 
employer who has been insured with the fund, such cash Distri _ 
dividend or credit to be such an amount to which, as in the bution 
discretion of the commission, such employer may be entitled °J xcess 
as the employer's proportion of divisible surplus. assets. 

(Act of 1913.) 
Sec. 38. (a) The commission is hereby vested with full Author- 
power, authority and jurisdiction over the state compensa- ^ oi . 
. . - -, -, ,. -,,, commis- 

tion insurance fund and may do and perform any and all sion 

things whether herein specifically designated, or in addition ™~ eT 
thereto, which are necessary or convenient in the exercise of 
any power, authority or jurisdiction over said fund in the 
administration thereof, or in connection with the insurance 
business to be carried on by it under the provisions of this 
act, as fully and completely as the governing body of a 
private insurance carrier might or could do. 

(5) The commission shall have full power and authority, 
and it shall be its duty, to fix and determine the rates to be 
charged by the state compensation insurance fund for com- 
pensation insurance, and to manage and conduct all business 
and affairs in relation thereto, all of which business and 
affairs shall be conducted in the name of the state compensa- 
tion insurance fund, and in that name, without any other 
name or title, the commission may : 

(1) Sue and be sued in all the courts of the state in all 
actions arising out of any act, deed, matter or thing made, 
omitted, entered into, done, or suffered in connection with the 
state compensation insurance fund, the administration, man- 
agement or conduct of the business or affairs relating thereto. 

(2) Make and enter into contracts of insurance as herein 
provided, and such other contracts or obligations relating to 



154 BUREAU OF LABOR STATISTICS. 

the state compensation insurance fund as are authorized or 
permitted under the provisions of this act. 

(3) Invest and reinvest the moneys belonging to said fund 
as hereinafter provided. 

(4) Conduct all business and affairs, relating to the state 
compensation insurance fund, whether herein specifically des- 
ignated or in addition thereto. 

Powers ( c ) "^^ e comn ri ss io n ma y delegate to the manager of the 
dele- state compensation insurance fund, or to any other officer, 
funcf t0 un( ^ er sucn r ^les and regulations and subject to such con- 
officers, ditions as it may from time to time prescribe, any of the 
powers, functions or duties, conferred or imposed on the 
commission under the provisions of this act in connection 
with the state compensation insurance fund, the adminis- 
tration, management and conduct of the business and affairs 
relating thereto, and the officer or officers to whom such 
delegation is made may exercise the powers and functions 
and perform the duties delegated with the same force and 
effect as the commission, but subject to its approval. 
No (d) The commission shall not, nor shall any commissioner, 

personal officer or employee thereof, be personally liable in his private 
liability capac ity for or on account of any act performed or contract 
official or other obligation entered into or undertaken in an official 
acts - capacity, in good faith and without intent to defraud, in 
connection with the administration, management or conduct 
of the state compensation insurance fund, its business or 
other affairs relating thereto. 
Powers ^ EC - 39. In conducting the business and affairs of the 
of^ _ state compensation insurance fund, the manager of the said 
fund or other officer to whom such power and authority may 
be delegated by the commission, as provided by subsection 
(c) of section thirty-eight thereof, shall have full power and 
authority : 

(1) To enter into contracts of insurance, insuring employ- 
ers against liability for compensation and insuring to 
employees and other persons the compensation fixed by this 
act. 

(2) To sell annuities covering compensation benefits. 

(3) To decline to insure any risk in which the minimum 
requirements of the commission with regard to construction, 






manager. 



LABOR LAWS — GENERAL. 155 

equipment and operation are not observed, or which is 
beyond the safe carrying of the state compensation insur- 
ance fund, but shall not have power or authority, except as 
otherwise provided in this subdivision, to refuse to insure 
any compensation risk tendered with the premium therefor. 

(4) To reinsure any risk or any part thereof. 

(5) To inspect and audit, or cause to be inspected and 
audited the pay rolls of employers applying for insurance 
against liability for compensation. 

(6) To make rules and regulations for the settlement of 
claims against said fund and to determine to whom anc: 
through whom the payments of compensation are to be 
made. 

(7) To contract with physicians, surgeons and hospitals 
for medical and surgical treatment and the care and nursing 
of injured persons entitled to benefits from said fund. 

Sec. 40. (a) It shall be the duty of the commission to Rateg 
fix and determine the rates to be charged by the state com- liow 
pensation insurance fund for compensation insurance cover- xe ' 
age as herein provided, and such rates shall be fixed with 
due regard to the physical hazards of each industry, occupa- 
tion or employment and, within each class, so far as prac- 
ticable, in accordance with the elements of bodily risk or 
safety or other hazard of the plant or premises or work 
of each insured and the manner in which the same is con- 
ducted, together with a reasonable regard for the accident 
experience and history of each such insured, and the means 
and methods of caring for injured persons, but such rates 
shall take no account of the extent to which the employees 
in any particular establishment have or have not persons 
dependent upon them for support. 

(b) The rates so made shall be that percentage of the 
pay roll of any employer which, in the long run and on the of rates. 
average, shall produce a sufficient sum, when invested at 
three and one-half per cent interest : 

(1) To carry all claims to maturity; that is to say the 
rates shall be based upon the "reserve" and not upon the 
"assessment'' plan ; 

(2) To meet the reasonable expenses of conducting the 
business of such insurance ; 



156 BUBEAU OF LABOB STATISTICS. 

(3) To produce a reasonable surplus to cover the catastro- 
phe hazard. 
Forms Sec. 41. The insurance contracts entered into between 
of the state compensation insurance fund and persons insuring 

therewith may be either limited or unlimited and issued for 
one year or, in the form of stamps or tickets or otherwise, 
for one month or any number of months less than one year, 
or for one day or any number of days less than one month, 
or during the performance of any particular work, job or 
Short contract ; provided, that the rates charged shall be propor- 
tionately greater for a shorter than for a longer period and 
that a minimum premium charge shall be fixed in accordance 
with a reasonable rate for insuring one person for one day. 
Nothing in this act shall be construed to prevent any person 
applying for compensation insurance from being covered 
temporarily until the application is finally acted upon, or to 
prevent the insured from surrendering any policy at any 
time and having returned to him the difference between the 
premium paid and the premium at the customary short term 
for the shorter period which such policy has already run. 
The state compensation insurance fund may at any time 
cancel any policy, after due notice, upon a pro rata basis 
of premium repayment. 
Insur- Sec. 42. The state compensation insurance fund may 
ance of issue policies, including with their employees, employers 
ployers. who perform labor incidental to their occupations, and 
including also members of the families of such employers 
engaged in the same occupation, such policies insuring to 
such employers and working members of their families the 
same compensations provided for their employees, and at the 
same rates; provided, that the estimations of their wage 
values, respectively, shall be reasonable and separately 
slated in and added to the valuation of their pay rolls upon 
Self-em- which their premium is computed. Such policies may like- 
cSaT' w * se k e sold to self-employing persons and to casual 
em- employees, who, for the purpose of such insurance, shall be 
ployees. (j eenie( j ^ foe employees within the meaning of sections 
twelve to thirty-five, inclusive, of this act. 



LABOR LAWS GENERAL. 157 

Sec. 43. The treasurer of the state shall be custodian custo- 
of all moneys and securities belonging to the state compensa- &**£ 
tion insurance fund, except as otherwise provided iD this 
act, and shall be liable on his official bond for the safe- 
keeping thereof. All moneys belonging to said fund col- 
lected or received by the commission, or the manager of the 
state compensation insurance fund, under and by virtue of 
the provisions of this act, shall be delivered to the treasurer 
of the state or may be deposited to his credit in such bank 
or banks throughout the state as he may, from time to time, 
designate, and such moneys when so delivered or deposited 
shall be credited by the treasurer to the said fund and no 
moneys received or collected on account of such fund shali 
be expended or paid out of such fund without first passing 
into the state treasury and being drawn therefrom as pro- 
vided in this act. In like manner there shall be delivered 
to the treasurer all securities belonging to said fund which 
shall be held by him until otherwise disposed of as provided 
in this act. 

Sec. 44. (a) The commission shall submit each month Monthly 
to the state board of control an estimate of the amount estimate 
necessary to meet the current disbursements from the state 
compensation insurance fund during each succeeding calen- 
dar month and, when such estimate shall be approved by the 
state board of control, the controller is directed to draw his 
warrant on said fund in favor of said commission for such 
amount, and the treasurer is authorized and directed to pay 
the same. 

(6) At the end of each calendar month the commission Account- 
shall account to the state board of control and the state ing * 
controller for all moneys so received, furnishing proper 
vouchers therefor. 

(c) During the months of January and July of each year valua- 
the state board of control or the commission shall cause a tion of 
valuation to be made of the properties and securities which 
have been acquired and which are held for said fund, and 
shall report the results of the same to the state controller, 
whose duty it shall be to keep a special ledger account show- 
ing all of the assets pertaining to the state compensation 
insurance fund. In the controller's general ledger this fund 



158 BUREAU OF LABOR STATISTICS. 

account may be carried merely as a cash account, like other 
accounts of funds in the state treasury, and therein only 
the actual cash coming into the state compensation insur- 
ance fund shall be credited to such fund. 
Invest- g EC . 45. ( a ) The commission shall cause all moneys in 
excess the state compensation insurance fund, in excess of current 
funds, requirements, to be invested and reinvested, from time to 
time, in the securities now or hereafter authorized by law 
for the investment of funds of savings banks. 
Esti- (b) The commission shall, from time to time, submit to 

invest- 01 " the state board of control an estimate of the amount required 
ment. by it for investment, which estimate shall be accompanied 
by a full description of the kind and character of the invest- 
ments to be made and, when such estimate shall be approved 
by the state board of control, the controller is directed to 
draw his warrant on the state compensation insurance fund 
in favor of the commission for such amount and the 
treasurer is authorized and directed to pay the same. 
Account- (c) At the end of each calendar month the commission 
ing * shall account to the said board of control and the state 
controller for all moneys so received, furnishing proper 
vouchers therefor. 
Deposit (d) All moneys in said fund, in excess of current require- 
surolus ments an( * n °t otherwise invested, may be deposited by the 
state treasurer from time to time in the banks authorized 
by law to receive deposits of public moneys under the same 
rules and regulations that govern the deposit of other public 
funds and the interest accruing thereon shall be credited to 
the state compensation insurance fund. 

(Act of 1913 as amended; Act of 1915, chap. 607.) 

Public Sec. 46. Each county, city and county, city, school dis- 

corpora- trict or ther public corporation or quasi-public corporation 

insure within the state, not including, however, any public utility 

in fund, corporation, may insure against its liability for compensation 

with the state compensation insurance fund and not with any 

other insurance carrier unless such fund shall refuse to 

accept the risk when the application for insurance is made, 

and the premium therefor shall be a proper charge against 

the general fund of each such political subdivision of the 

state. 



LABOR LAWS GENERAL. 159 

Sec. 47. When the premium rates for insurance in the Certain 
state compensation insurance fund shall have been estab- J^to 
lished the commission shall furnish schedules of rates and as 
copies of the forms of policy to the commissioner of labor, merits. 
to the clerk and to the treasurer of every county, city and 
county, and city in the state, and it shall be the duty of 
every public officer to whom the foregoing may be furnished 
to fill out and transmit to the manager of the state compen- 
sation insurance fund applications for compensation insur- 
ance in such fund and to receive and transmit to said man- 
ager all premiums paid on account of any policy issued or 
applied for, and for this service such officials may be allowed 
such commission or other compensation as the commission 
may from time to time direct. 

(Act of 1913.) 

Sec. 48. The commission shall each quarter make to the Quar- 
governor of the state, reports of the business done by the Sports 
state compensation insurance fund during the previous 
quarter, and a statement of the fund's resources and lia- 
bilities, and it shall be the duty of the state board of control 
to audit such reports and to cause an abstract thereof to 
be published one or more times in at least two newspapers 
of general circulation in the state. The commission shall 
likewise make to the state insurance commissioner all reports 
required by law to be made by other insurance carriers. 

Sec. 49. Any employer who shall wilfully misrepresent Misrep- 
the amount of the pay roll upon which his premium under resenta- 
this act is to be based shall be liable to the state in ten pay 
times the amount of the difference in premium paid and roU * 
the amount the employer should have paid had his pay roll 
been correctly computed, and the liability to the state under 
this section shall be enforced in a civil action in the name 
of the state compensation insurance fund and any amount 
so collected shall become a part of said fund. 

Sec. 50. Any person who wilfully misrepresents any fact Misrep _ 
in order to obtain insurance at less than the proper rate for resenta- 
such insurance, or in order to obtain any payments out of f ^ 
such fund, shall be guilty of a misdemeanor. 



160 BUREAU OF LABOR STATISTICS. 

(Act Of 1917.) 

Defini- Sec. 33. The following terms, as used in sections thirty- 
tions. three to fifty-four, inclusive, of this act, shall, unless a 
different meaning is plainly required by the context, be con- 
strued as follows: 
"Place (1) The phrase "place of employment" shall mean and 
employ- include every place, whether indoors or out or underground, 
ment." or elsewhere, and the premises appurtenant thereto, where, 
either temporarily or permanently, any industry, trade, 
work or business is carried on, or where any process or 
operation directly or indirectly related to any industry, trade, 
work or business, is carried on, including all construction 
work, and where any person is directly or indirectly employed 
by another for direct or indirect gain or profit, but shall not 
include any place where persons are employed solely in 
household domestic service, or any place of employment, con- 
cerning the safety of which jurisdiction may have been 
vested by law heretofore or hereafter in any other commis- 
sion or public authority. 
"Era- (2) The term "employment" shall mean and include any 

ment" trade, work, business, occupation or process of manufacture, 
or any method of carrying on such trade, work, business, 
occupation or process of manufacture, including construction 
work, in which any person may be engaged, except where 
persons are employed solely in household domestic service. 
"Era- (3) The term "employer" shall mean and include every 

ployer." p ers0Ilj g rm> voluntary association, corporation, officer, agent, 
manager, representative or other person having control or 
custody of any employment, place of employment or of any 
employee. 
"Em- (4) The term "employee" shall mean and include every 

ployee." person who may be required or directed by any employer, 
in consideration of direct or indirect gain or profit, to engage 
in any employment, or to go to work or be at any time in 
any place of employment. 
" 0r ;, (5) The term "order" shall mean and include any decision, 

der '" rule, regulation, direction, requirement or standard of the 
commission or any other determination arrived at or decision 
made by such commission under the safety provisions of 
this act. 



LABOR LAWS — GENERAL. 161 

(6) The term "general order" shall mean and include such "Gen- 
order, made under the safety provisions of this act, as applies era l „ 
generally throughout the state to all persons, employments 

or places of employment, or all persons, employments or 
places of employment of a class under the jurisdiction of the 
commission. All other orders of the commission shall be 
considered special orders. 

(7) The term "local order" shall mean and include any «, Loca i 
ordinance, order, rule or determination of any board of order." 
supervisors, city council, board of trustees or other govern- 
ing body of any county, city and county, city, or any school 
district or other public corporation, or an order or direction 

of any other public official or board or department upon any 
matter over which the industrial accident commission has 
jurisdiction. 

(8) The terms "safe" and "safety" as applied to an <<s a f e> » 
employment or a place of employment shall mean such free- « Safe _ 
dom from danger to the life or safety of employees as the ty." 
nature of the employment will reasonably permit. 

(9) The terms "safety device" and "safeguard" shall be -safety 
given a broad interpretation so as to include any practicable device." 
method of mitigating or preventing a specific danger. guard." 

Sec. 34. Every employer shall furnish employment which Em _ 
shall be safe for the employees therein and shall furnish a ployer to 
place of employment which shall be safe for employees £ "J£ l5 
therein, and shall furnish and use such safety devices and employ- 
safeguards, and shall adopt and use such practices, means, men 
methods, operations and processes as are reasonably adequate 
to render such employment and place of employment safe, 
and shall do every other thing reasonably necessary to pro- 
tect the life and safety of such employees. 

Sec. 35. No employer shall require, permit or suffer any 
employee to go or be in any employment or place of employ- 
ment which is not safe, and no such employer shall fail to 
furnish, provide and use safety devices and safeguards or fail 
to adopt and use methods and processes reasonably adequate 
to render such employment and place of employment safe, 
and no such employer shall fail or neglect to do every other 
thing reasonably necessary to protect the life and safety of 

11—32683 



162 BUREAU OF LABOR STATISTICS. 

such employees, and no such employer shall occupy or main- 
tain any place of employment that is not safe. 

Sec. 36. No employer, owner or lessee of any real prop- 
erty in this state shall construct or cause to be constructed 
any place of employment that is not safe. 
Safety Sec. 37. No employee shall remove, displace, damage, 
device destroy or carry off any safety device or safeguard furnished 
be and provided for use in any employment or place of employ- 

removed, ment, or interfere in any way with the use thereof by any 
other person, or interfere with the use of any method or pro- 
cess adopted for the protection of any employee, including 
himself, in such employment, or place of employment, or 
fail or neglect to do every other thing reasonably necessary 
to protect the life and safety of such employees. 
Jurisdic- ^ec. 38. The commission is vested with full power and 



tion of jurisdiction over, and shall have such supervision of, every 
sion " employment and place of employment in this state as may 
oyer be necessary adequately to enforce and administer all laws 
employ- and all lawful orders requiring such employment and place 
ment. f employment to be safe, and requiring the protection of the 

life and safety of every employee in such employment or 

place of employment. 
Powers Sec. 39. The commission shall have power, after a hear- 
of com- ing had upon its own motion or upon complaint, by general 

or special orders, rules or regulations, or otherwise : 

(1) To declare and prescribe what safety devices, safe- 
guards or other means or methods of protection are well 
adapted to render the employees of every employment and 
place of employment safe as required by law or lawful order. 

(2) To fix such reasonable standards and to prescribe, 
modify and enforce such reasonable orders for the adoption, 
installation, use, maintenance and operation of safety devices, 
safeguards and other means or methods of protection, to be 
as nearly uniform as possible, as may be necessary to carry 
out all laws and lawful orders relative to the protection of 
the life and safety of employees in employments and places 
of employment. 

(3) To fix and order such reasonable standards for the 
construction, repair and maintenance of places of employ- 
ment as shall render them safe. 



LABOR LAWS GENERAL. 163 

(4) To require the performance of any other act which 
the protection of the life and safety of employees in employ- 
ments and places of employment may reasonably demand. 

(5) To declare and prescribe the general form of indus- 
trial injury reports, the injuries to be reported and the 
information to be furnished in connection therewith, and the 
time within which such reports shall be filed. Nothing in 
this act contained shall be construed to prevent the com- 
mission from requiring supplemental injury reports. 

Sec. 40. Upon the fixing of a time and place for the Notice 
holding of a hearing for the purpose of considering and 1!'^ 
issuing a general safety order or orders as authorized by 
section thirty-nine hereof, the commission shall cause a 
notice of such hearing to be published in one or more daily 
newspapers of general circulation published and circulated 
in the city and county of San Francisco, and also in one or 
more daily newspapers of general circulation published and 
circulated in the county of Los Angeles, such newspapers to 
be designated by the commission for that purpose. No defect 
or inaccuracy in such notice or in the publication thereof 
shall invalidate any general order issued by the commission 
after hearing had. 

Sec. 41. Whenever the commission, after a hearing had order as 
upon its own motion or upon complaint, shall find that any to unsafe 
employment or place of employment is not safe or that the men t. 
practices or means or methods or operations or processes 
employed or used in connection therewith are unsafe, or do 
not afford adequate protection to the life and safety of 
employees in such employment or place of employment, the 
commission shall make and enter and serve such order rela- 
tive thereto as may be necessary to render such employment 
or place of employment safe and protect the life and safety 
of employees in such employment and place of employment 
and may in said order direct that such additions, repairs, 
improvements or changes be made and such safety devices 
and safeguards be furnished, provided and used, as are 
reasonably required to render such employment or place of 
employment safe, in the manner and within the time speci- 
fied in said order. 



164 BUREAU OF LABOR STATISTICS. 

Exten- Sec. 42. The commission may, upon application of any 
sion of employer, or other person affected thereby, grant such time 
as may reasonably be necessary for compliance with any 
order, and any person affected by such order may petition 
the commission for an extension of time, which the commis- 
sion shall grant if it finds such an extension of time 
necessary. 
Sum- Sec. 43. Whenever the commission shall learn or have 

Svesti- reason to believe that any employment or place oir employ- 
gation. ment is not safe or is injurious to the welfare of any 
employee it may, of its own motion, or upon complaint, 
summarily investigate the same, with or without notice or 
hearings, and after a hearing upon such notice as it may 
prescribe, the commission may enter and serve such order 
as may be necessary relative thereto, anything in this act 
to the contrary notwithstanding. 
Obedi- ^ec. 44. Every employer, employee and other person 
ence to shall obey and comply with each and every requirement of 
orders, every order, decision, direction, rule or regulation made or 
prescribed by the commission in connection with the matters 
herein specified, or in any way relating to or affecting safety 
of employments or places of employment, or to protect the 
life and safety of employees in such employments or places 
of employment, and shall do everything necessary or proper 
in order to secure compliance with and observance of every 
such order, decision, direction, rule or regulation. 
Review ^ec. 45. The orders of the commission, general or special, 
by its rules or regulations, findings and decisions, made and 

cour s * entered under the safety provisions of this act, may be 
reviewed by the courts specified in sections sixty-seven and 
sixty-eight of this act and within the time and in the 
manner therein specified and not otherwise. 
Effect of Sec. 46. Nothing contained in this act shall be construed 
orders . to deprive the board of supervisors of any county, or city and 
diction county, the board of trustees of any city, or any other public 

of public corporation or board or department, of any power or juris- 
corpora- ,. . , . ' _ , 

tions. diction over or relative to any place of employment ; pro- 
vided, that whenever the commission shall, by order, fix a 
standard of safety for employments or places of employment, 
such order shall, upon the filing by the commission of a 



LABOR LAWS GENERAL. 165 

copy thereof with the clerk of the county, city and county, 
or city to which it may apply, establish a minimum require- 
ment concerning the matters covered by such order and shall 
be construed in connectioD with any local order relative to 
the same matter and to amend or modify any requirement 
in such local order not up to the standard of the order of 
the commission. 

Sec. 47. The commission shall have further power and 
authority : 

(1) To establish and maintain museums of safety and Safety 
hygiene in which shall be exhibited safety devices, safeguards mu ~ 
and other means and methods for the protection of the life 

and safety of employees, and to publish and distribute 
bulletins on any phase of this general subject. 

(2) To cause lectures to be delivered, illustrated by Lec- 
stereoptican or other views, diagrams or pictures, for the tures - 
information of employers and their employees and the gen- 
eral public in regard to the causes and prevention of indus- 
trial accidents, occupational diseases and related subjects. 

(3) To appoint advisers who shall, without compensation, Advisers, 
assist the commission in establishing standards of safety 

and the commission may adopt and incorporate in its gen- 
eral orders such safety recommendations as it may receive 
from such advisers. 

Sec. 48. Every order of the commission, general or Safety 
special, its rules and regulations, findings and decisions, or ^ rs ^ 
made and entered under the safety provisions of this act 
shall be admissible as evidence in any prosecution for the 
violation of any of the said provisions and shall, in every 
such prosecution, be conclusively presumed to be reasonable 
and lawful and to fix a reasonable and proper standard and 
requirement of safety, unless, prior to the institution of the 
prosecution for such violation or violations, proceedings for 
a rehearing thereon or a review thereof shall have been 
instituted as provided in sections sixty-four to sixty-eight, 
inclusive, of this act and not then finally determined. 

Sec. 49. Every employer, employee or other person who, penalty 
either individually or acting as an officer, agent or employee for vio- 
of a corporation or other person, violates any safety provi- 
sion contained in sections thirty-four, thirty-five, thirty-six or 



166 BUREAU OF LABOR STATISTICS. 

thirty-seven of this act, or any part of any such provision, 
or who shall fail or refuse to comply with any such provision 
or any part thereof, or who, directly or indirectly, knowingly 
induces another so to do is guilty of a misdemeanor. In 
any prosecution under this section it shall be deemed prima 
facie evidence of a violation of any such safety provision, 
that the accused has failed or refused to comply with any 
order, rule, regulation or requirement of the commission 
relative thereto and the burden of proof shall thereupon rest 
upon the accused to show that he has complied with such 
safety provision. 

Sec. 50. Every violation of the provisions contained in 
sections thirty-four, thirty-five, thirty-six or thirty-seven of 
this act, or any part or portion thereof, by any person or 
corporation is a separate and distinct offense, and, in the 
case of a continuing violation thereof, each day's continuance 
thereof shall constitute a separate and distinct offense. 

Sec. 51. All fines imposed and collected under prosecu- 
tions for violations of the provisions of sections thirty to 
fifty-four of this act shall be paid into the state treasury to 
the credit of the "accident prevention fund," which fund is 
hereby created. In addition to other sources of income of 
said accident prevention fund, the state compensation insur- 
ance fund shall pay into the said accident prevention fund, 
on or before the first Monday in July, 1918, and annually 
thereafter, the sum of two per cent upon the amount of the 
gross premiums received by it upon its business done in this 
state during the preceding calendar year, less return pre- 
miums and reinsurance in companies or associations author- 
ized to do business in this state, which payment is intended 
to be the equivalent of the taxes imposed upon private 
insurance companies by the laws of this state relating to 
revenue and taxation. The state compensation insurance 
fund shall also pay into the said accident prevention 
fund interest from September 1, 1917, at the rate of four 
per cent per annum, payable quarterly, upon the sum of one 
hundred thousand dollars heretofore advanced by the state 
to said state compensation insurance fund as long as the said 
fund shall retain the said sum of one hundred thousand 
dollars. The commission is authorized to draw from said 



LABOR LAWS GENERAL. 167 

accident prevention fund toward the support of its depart- 
ment of safety. The commission shall submit from time to 
time to the state board of control an estimate of the amount 
it desires to withdraw from the accident prevention fund, 
and when such estimate shall be approved by the state board 
of control, the controller is directed to draw his warrant on 
said fund in favor of said commission for such amount, and 
the treasurer is authorized and directed to pay the same. 
The commission shall account to the state board of control 
and to the state controller for all moneys so received, fur- 
nishing proper vouchers therefor. The said accident pre- 
vention fund shall be a revolving fund. 

Sec. 52. It shall be unlawful for any member of the Unlaw- 
commission, or for any officer or employee of the commission, j^JjP 
to divulge to any person not connected with the administra- informa- 
tion of this act any confidential information obtained from tion - 
any person, concerning the failure of any other person to 
keep any place of employment safe, or concerning the viola- 
tion of any order, rule or regulation issued by the commis- 
sion. Any member of the commission or any officer or 
employee of the commission divulging such confidential infor- 
mation shall be guilty of a misdemeanor. 

Sec. 53. (a) Every employer of labor, without any Report 

exceptions, and every insurance carrier, and every physician o f "wy 

or surgeon who attends any injured employee, is hereby pioyer, 

required to file with the commission, under such rules and Physi- 

„ , . . „ . . , cian and 

regulations as the commission may from time to time make, insur- 

a full and complete report of every injury to an employee j^ er 
arising out of or in the course or his employment and result- 
ing in loss of life or injury to such person. Such reports 
shall be furnished to the commission in such form and such 
detail as the commission shall from time to time prescribe, 
and shall make specific answers to all questions required by 
the commission under its rules and regulations. It shall be 
unlawful for any person, firm, corporation, agent or officer of 
a firm or corporation, to fail or refuse to comply with any 
of the provisions of this section, and any such person, firm, 
corporation, agent or officer of a firm or corporation, who 
fails or refuses to comply with the provisions of this section 
shall be guilty of a misdemeanor for each and every offense 



168 BUREAU OF LABOR STATISTICS. 

and upon conviction thereof shall be punishable by a fine of 
not less than ten dollars nor more than one hundred dollars. 
Any such employer or insurance carrier who shall furnish 
such report shall be exempt from furnishing any similar 
report or reports authorized or required under the laws of 
this state. 
Blanks (&) Every employer or insurance carrier receiving from 
i?, b ? the commission any blanks with directions to fill out the same 
shall cause the same to be properly filled out so as to answer 
fully and correctly each question propounded therein ; in case 
he is unable to answer any such questions a good and suffi- 
cient reason shall be given for such failure. 
Informa- ( c ) *^ information furnished to the commission by an 
to be employer or an insurance carrier shall be open to public 
public, inspection or made public except on order of the commission, 
or by a commissioner or referee in the course of a proceed- 
ing. Any officer or employee of the commission who, in 
violation of the provisions of this subsection, divulges any 
such information shall be guilty of a misdemeanor. 
Inyesti- g EC# 54. ( a ) The commission shall investigate the cause 
causes of of all industrial injuries occurring within the state in any 
injury, employment or place of employment, or directly or indirectly 
arising from or connected with the maintenance or operation 
of such employment or place of employment, resulting in dis- 
ability or death and requiring, in the judgment of the com- 
mission, such investigation ; and the commission shall have 
the power to make such orders or recommendations with 
respect to such injuries as may be just and reasonable ; pro- 
vided, that neither the order nor the recommendation of the 
commission shall be admitted as evidence in any action for 
damages or any proceeding to recover compensation, based on 
or arising out of such injury or death. 

(0) For the purpose of making any investigation which 
the commission is authorized to make under the provisions of 
this section, or for the purpose of collecting statistics or 
examining the provision made for the safety of employees, 
any member of the commission, inspector, referee or other 
person designated by the commission for that purpose, may 
enter any place of employment. 






LABOR LAWS GENERAL. 169 

(c) Any employer, insurance carrier, responsible agent or ob- 
employee of such employer or insurance carrier, or any other struct- 
person who shall violate or omit to comply with any of the investi- 
provisions of this section, or who shall in any way obstruct nation. 
or hamper the commission, any commissioner or other person 
conducting any investigation authorized to be undertaken or 
made by the commission, shall be guilty of a misdemeanor. 

Sec. 55. (a) All proceedings for the recovery of compen- Ex _ 
pensation, or concerning any right or liability arising out elusive 
of or incidental thereto, or for the enforcement against the ^ s 1C ~ 
employer or an insurance carrier of any liability for com- 
pensation imposed upon him by this act in favor of the 
injured employee, his dependents or any third person, or for 
the determination of any question as to the distribution of 
compensation among dependents or other persons, or for the 
determination of any question as to who are dependents of 
any deceased employee, or what persons are entitled to any 
benefit under the compensation provisions of this act, or for 
obtaining any order which by this act the commission is 
authorized to make, or for the determination of any other 
matter, jurisdiction over which is vested by this act in the 
commission, shall be instituted before the commission, and 
not elsewhere, except as otherwise in this act provided, and 
the commission is hereby vested with full power, authority 
and jurisdiction to try and finally determine all such 
matters, subject only to the review by the courts in this 
act specified and in the manner and within the time in 
this act provided. 

(b) All orders, rules and regulations, findings, decisions Acts of 
and awards of the commission shall be in force and shall be commis- 
prima facie lawful ; and all such orders, rules and regula- p rima 
tions, findings, decisions and awards shall be conclusively facie 
presumed to be reasonable and lawful, until and unless they 
are modified or set aside by the commission or upon a review 
by the courts in this act specified and within the time and 
in the manner herein specified. 

Sec. 56. (a) Any notice, order or decision required by Service 
this act to be served upon any person or party either before, of tces 
during or after the institution of any proceeding before the and 
commission, may be served in the manner provided by orders - 



170 BUREAU OF LABOR STATISTICS. 

chapter five, title fourteen of part two of the Code of Civil 
Procedure of this state, unless otherwise directed by the 
commission or a member thereof, in which event the same 
shall be served in accordance with the order or direction of 
said commission or member thereof. The commission or a 
commissioner may also, in the cases mentioned in the Code 
of Civil Procedure of this state, order service to be made by 
publication of the notice of time and place of hearing. 
Where service is ordered to be made by publication the date 
of the hearing may be fixed at more than thirty days from 
the date of filing the application. 

(6) Any such notice, order or decision affecting the state 
or any city and county, city, school district or public corpo- 
ration therein, shall be served upon the same officer, officers, 
person or persons, upon whom the service of similar notices, 
orders or decisions is authorized by law. 
Certain (c) The secretary, assistant secretaries and the inspectors 
pTovees appointed by the commission shall have all the powers con- 
peace ferred by law upon peace officers to carry weapons, make 
officers. arres ts and serve warrants and other process in this state. 
Powers Sec. 57. (a) The commission shall have full power and 
mission authority: 

as to (1) To adopt reasonable and proper rules of practice and 

cedure. procedure. 

(2) To regulate and provide the manner, and by whom, 
minors and incompetent persons shall appear and be repre- 
sented before it. 

(3) To appoint a trustee or guardian ad litem to appear 
for and represent any such minor or incompetent upon such 
terms and conditions as it may deem proper ; and such 
guardian or trustee must, if required by the commission or 
a commissioner, give a bond in the same form and of the 
same character required by law from a guardian appointed 
by the courts and in such an amount as the commission or a 
commissioner may fix and determine, such bond to be 
approved by the commission or a commissioner, and such 
guardian or trustee shall not be discharged from liability 
until he shall have filed an account with the commission or 
with the probate court and such account shall have been 
approved. The trustee or guardian shall be entitled to 



LABOR LAWS GENERAL. 171 

receive such compensation for his services as shall be fixed 
and allowed by the commission or by the probate court. 

(4) To provide for the joinder in the same proceeding of 
all persons interested therein, whether as employer, insurance 
carrier, employee, dependent, creditor or otherwise. 

(5) To regulate and prescribe the kind and character of 
notices, where not otherwise prescribed by this act, and the 
service thereof. 

(6) To regulate and prescribe the nature and extent of 
the proofs and evidence. 

(h) The commission shall also have jurisdiction to deter- 
mine controversies arising out of insurance policies issued 
to self-employing persons, conferring benefits identical with 
those prescribed by this act. 

The commission may try and determine matters referred 
to it by the parties under the provisions of part three, title 
ten, of the Code of Civil Procedure, with respect to contro- 
versies arising out of insurance issued to self-employing 
persons under the provisions of this act. Such controversies 
may be submitted to it by the signed agreement of the 
parties, or by the application of one party and the submis- 
sion of the other to its jurisdiction, with or without an 
express request for arbitration. The state compensation 
insurance fund must submit to the commission, the consent 
of the other party being obtained, all controversies suscep- 
tible of being arbitrated under this section. In acting as 
arbitrator under the provisions of this section, the commis- 
sion shall have all the powers which it may lawfully exercise 
in compensation cases, and its findings and award upon such 
arbitration shall have the same conclusiveness and be subject 
to the same mode of reopening, review and enforcement as 
in compensation cases. No fee or cost shall be charged 
by the commission to any party for arbitrating the issues 
presented under this section. 

Sec. 58. The commission shall have jurisdiction over all Injuries 
controversies arising out of injuries suffered without the ^g hout 
territorial limits of this state in those cases where the injured state. 
employee is a resident of this state at the time of the injury 
and the contract of hire was made in this state, and any 



172 BUREAU OF LABOR STATISTICS. 

such employee or his dependents shall be entitled to the 
compensation or death benefits provided by this act. 

Sec. 59. The commission may upon the agreement of the 
parties, upon the application of either, or of its own motion, 
and either with or without notice, direct and order a refer- 
ence in the following cases : 

(1) To try any or all of the issues in any proceeding 
before it, whether of fact or of law, and to report a finding, 
order, decision or award to be based thereon. 

(2) To ascertain a fact necessary to enable the commis- 
sion to determine any proceeding before it or to make any 
order, decision or award that the commission is authorized 
to make under this act, or that is necessary for the informa- 
tion of the commission. 

(b) The commission may appoint one or more referees in 

any proceeding, as it may deem necessary or advisable, and 

may refer matters arising out of the same proceeding to 

different referees. It may also, in its discretion, appoint 

general referees who shall hold office during the pleasure of 

the commission. Any referee appointed by the commission 

Powers shall have such powers, jurisdiction and authority as is 

of granted under the law, by the order of appointment and by 

the rules of the commission, and shall receive such salary 

or compensation for his services as may be fixed by the 

commission. 

Objec- (c) Any party to the proceeding may object to the appoint- 

JpfprpM nient of any person as referee upon any one or more of the 

grounds specified in section six hundred forty-one of the Code 

of Civil Procedure and such objection must be heard and 

disposed of by the commission. Affidavits may be read and 

witnesses examined as to such objections. 

(d) Before entering upon his duties, the referee must be 
sworn before an officer authorized to administer oaths, faith- 
fully and fairly to hear and determine the matters and issues 
referred to him, and to make just findings and report accord- 
ing to his understanding. 

(e) The referee must report his findings in writing to 
Report the commission within fifteen days after the testimony is 
of f closed. Such report shall be made in the form prescribed 

by the commission and shall include all matters required to 



referees. 



LABOR LAWS — GENERAL. 173 

be included in the order of reference or by the rules of the 
commission. The facts found and conclusions of law must 
be separately stated. 

(/) Upon the filing of the report of the referee, the com- 
mission may confirm, adopt, modify or set aside the same 
or any part thereof and may, either with or without further 
proceedings, and either with or without notice, enter its 
order, findings, decision or award based in whole or in part 
upon the report of the referee, or upon the record in the case. 

(g) The provisions of the preceding subdivisions of this Referees 
section shall not be construed to prevent the commission ™^ rt 
from requiring its referees merely to hold hearings and to testi- 
make return of the testimony to the commission. ^"7 

Sec. 60. (a) All hearings and investigations before the How 

commission or any member thereof, or any referee appointed s° v - , 

erned 
thereby, shall be governed by this act and by the rules of 

practice and procedure adopted by the commission, and in the 
conduct thereof neither the commission nor any member 
thereof, nor any referee appointed thereby, shall be bound 
by the common law or statutory rules of evidence and pro- 
cedure, but may make inquiry in such manner, through oral 
testimony and written and printed records, as is best calcu- 
lated to ascertain the substantial rights of the parties and infor- 

carry out justly the spirit and provisions of this act. No ma p& 
. ~ ,.. n . . , not to 

informality in any proceeding or in the manner of taking imali- 

testimony shall invalidate any order, decision, award, rule date * 
or regulation made, approved or confirmed by the commis- 
sion ; nor shall any order, award, rule or regulation be 
invalidated because of the admission into the record, and 
use as proof of any fact in dispute, of any evidence not 
admissible under the said common law or statutory rules of 
evidence and procedure. 

(&) The commission, or a commissioner or referee, or any Deposi- 
party to the action or proceeding, may, in any investigation ti01 ? 
or hearing before the commission, cause the deposition of the 
witnesses residing within or without the state to be taken state - 
in the manner prescribed by law for like depositions in civil 
actions in the superior courts of this state, and to that end 
may compel the attendance of witnesses and the production 



174 BUEEAU OF LABOR STATISTICS. 

of books, documents, papers and accounts ; provided, that 

depositions taken outside of the state may be taken before 

any officers authorized to administer oaths. 

Powers Sec. 61. The commission and each member thereof, its 

commis- secretary > assistant secretaries and referees, shall have power 

sioners to administer oaths, certify to all official acts, and to issue 

other subpoenas for the attendance of witnesses and the production 

officers, of papers, books, accounts, documents and testimony in any 

inquiry, investigation, hearing or proceeding in any part 

Witness of the state. Each witness who shall appear, by order of 

ees * the commission or a member thereof, or a referee appointed 

thereby, shall be entitled to receive, if demanded, for his 

attendance the same fees and mileage allowed by law to a 

witness in civil cases, which amount shall be paid by the 

party at whose request such witness is subpoenaed, unless 

otherwise ordered by the commission. When any witness 

who has not been required to attend at the request of any 

party is subpoenaed by the commission, his fees and mileage 

may be paid from the funds appropriated for the use of the 

commission in the same manner as other expenses of the 

commission are paid. Any witness subpoenaed, except one 

whose fees and mileage may be paid from the funds of the 

commission, may, at the time of service, demand the fee to 

which he is entitled for travel to and from the place at 

which he is required to appear, and one day's attendance. 

If such witness demands such fees at the time of service, 

and they are not at that time paid or tendered, he shall not 

be required to attend before the commission, member thereof, 

or referee as directed in the subpoena. All fees and mileage 

to which any witness is entitled, under the provisions of 

this section, may be collected by action therefor instituted 

by the person to whom such fees are payable. 

Sec. 62. The superior court in and for the county, or 
city and county, in which any inquiry, investigation, hearing 
or proceeding may be held by the commission or any member 
Courts t nere °f* or referee appointed thereby, shall have the power to 
to compel the attendance of witnesses, the giving of testimony 

attend- an( * the production of papers, including books, accounts and 
ance of documents, as required by any subpoena issued by the com- 
bes mission or member thereof or referee. The commission or 



LABOR LAWS GENERAL. 175 

any member thereof or the referee, before whom the testi- 
mony is to be given or produced, in case of the refusal of 
any witness to attend or testify or produce any papers 
required by such subpoena, may report to the superior court 
in and for the county, or city and county, in which the 
proceeding is pending, by petition, setting forth that due 
notice has been given of the time and place of attendance 
of said witness, or the production of said papers, and that 
the witness has been subpoenaed in the manner prescribed 
in this act, and that the witness has failed and refused to 
attend or produce the papers required by the subpoena, or 
has refused to answer questions propounded to him in the 
course of such proceeding, and ask an order of said court, 
compelling the witness to attend and testify or produce said 
papers before the commission. The court, upon the petition Pr o-. 
of the commission or such member thereof or referee, shall in^on? 3 
enter an order directing the witness to appear before the tempt. 
court at a time and place to be fixed by the court in such 
order, the time to be not more than ten days from the date 
of the order, and then and there show cause why he had not 
attended and testified or produced said papers before the 
commission, member thereof or referee. A copy of said 
order shall be served upon said witness. If it shall appear 
to the court that said subpoena was regularly issued by the 
commission or member thereof or referee and that the wit- 
ness was legally bound to comply therewith, the court shall 
thereupon enter an order that said witness appear before the 
commission or member thereof or referee at a time and place 
to be fixed in such order, and testify or produce the required 
papers, and upon failure to obey said order, said witness 
shall be dealt with as for contempt of court. The remedy 
provided in this section is cumulative, and shall not be con- 
strued to impair or interfere with the power of the commis- 
sion or a member thereof to enforce the attendance of wit- 
nesses and the production of papers, and to punish for 
contempt in the same manner and to the same extent as 
courts of record. 

Sec. 63. (a) The commission is hereby vested with full implied 
power, authority and jurisdiction to do and perform any and Pjwers 
all things, whether herein specifically designated, or in addi- mission. 



176 BUREAU OF LABOR STATISTICS. 

tion thereto, which are necessary or convenient in the exer- 
cise of any power, authority or jurisdiction conferred upon 
it under this act. 

(b) The commission and each member thereof shall have 
power to issue writs or summons, warrants of attachment, 
warrants of commitment and all necessary process in pro- 
ceedings for contempt, in like manner and to the same extent 
Service as courts of record. The process issued by the commission 
of or any member thereof shall extend to all parts of the state 

and may be served by any persons authorized to serve process 
of courts of record, or by any person designated for that 
Fees. purpose by the commission or any member thereof. The 
person executing any such process shall receive such com- 
pensation as may be allowed by the commission, not to 
exceed the fees now prescribed by law for similar services, 
and such fees shall be paid in the same manner as provided 
herein for the fees of witnesses. 

Sec 64. (a) Any party or person aggrieved directly or 
indirectly by any final order, decision, award, rule or regu- 
lation of the commission, made or entered under any provi- 
sion contained in this act, may apply to the commission for 
a rehearing in respect to any matters determined or covered 
by such final order, decision, award, rule or regulation and 
specified in the application for rehearing within the time and 
in the manner hereinafter specified, and not otherwise. 

(&) No cause of action arising out of any such final order, 
decision or award shall accrue in any court to any person 
until and unless such person shall have made application for 
such rehearing, and such application shall have been granted 
or denied ; provided, that nothing herein contained shall be 
construed to prevent the enforcement of any such final order, 
decision, award, rule or regulation in the manner provided 
in this act. 
Requi- (c) Such application shall set forth specifically and in full 
sites of detail the grounds upon which the applicant considers said 
tion. final order, decision, award, rule or regulation is unjust or 
unlawful, and every issue to be considered by the commis- 
sion. Such application must be verified upon oath in the 
same manner as required for verified pleadings in courts of 



LABOR LAWS GENERAL. 177 

record and must contain a general statement of any evidence 
or other matters upon which the applicant relies in support 
thereof. The applicant for such hearing shall be deemed to 
have finally waived all objections, irregularities and illegali- 
ties concerning the matter upon which such rehearing is 
sought other than those set forth in the application for such 
rehearing. 

(d) A copy of such application for rehearing shall be service 
served forthwith upon all adverse parties by the party apply- of appli- 
ing for such rehearing, and any such adverse party may file 

an answer thereto within ten days thereafter. Such answer 
must likewise be verified. The commission may require the 
application for rehearing to be served on such other persons 
or parties as may be designated by it. 

(e) Upon filing of an application for a rehearing, if the De- 
issues raised thereby have theretofore been adequately con- cision - 
sidered by the commission, it may determine the same by 
confirming without hearing its previous determination, or if 

a rehearing is necessary to determine the issues raised, or any 
one or more of such issues, the commission shall order a 
rehearing thereon and consider and determine the matter or 
matters raised by such application. If at the time of grant- 
ing such rehearing it shall appear to the satisfaction of the 
commission that no sufficient reason exists for taking further 
testimony, the commission may reconsider and redetermine 
the original cause without setting a time and place for such 
further rehearing. Notice of the time and place of such 
hearing, if any, shall be given to the applicant and adverse 
parties, and to such other persons as the commission may 
order. 

(/) If after such rehearing and a consideration of all the 
facts, including those arising since the making of the order, 
decision or award involved, the commission shall be of the 
opinion that the original order, decision or award, or any 
part thereof, is in any respect unjust or unwarranted, or 
should be changed, the commission may abrogate, change or 
modify the same. An order, decision or award made after 
such rehearing, abrogating, changing or modifying the orig- 
inal order, decision or award, shall have the same force and 

12—32683 



178 BtJBEAU OF LABOB STATISTICS. 

effect as an original order, decision or award, but shall not 
affect any right or the enforcement of any right arising from 
Failure or by virtue of the original order, decision or award, unless 
decide so or< ^ ere( ^ Dy the commission. An application for a rehear- 
within ing shall be deemed to have been denied by the commission 
da y S 5 unless it shall have been acted upon within thirty days from 
the date of filing ; provided, however, that the commission 
may, upon good cause being shown therefor, extend the time 
within which it may act upon such application for not 
exceeding thirty days. 
Grounds Sec. 65. (a) At any time within twenty days after the 
hearing ser vice of any final order or decision of the commission 
in awarding or denying compensation, or arising out of or 

sation incidental thereto, any party or parties aggrieved thereby 
cases. may apply for such rehearing upon one or more of the 
following grounds and upon no other grounds : 

(1) That the commission acted without or in excess of 
its powers. 

(2) That the order, decision or award was procured by 
fraud. 

(3) That the evidence does not justify the findings of fact. 

(4) That the applicant has discovered new evidence, 
material to him, which he could not, with reasonable dili- 
gence, have discovered and produced at the hearing. 

(5) That the findings of fact do not support the order, 
decision or award. 

(6) Nothing contained in this section shall, however, be 
construed to limit the grant of continuing jurisdiction con- 
tained in subsection (d) of section twenty of this act. 

Grounds Sec. 66. (a) At any time within twenty days after the 
hearing service of any final order, decision, rule or regulation, other 
in other than an order or award pertaining to compensation, any 
party or parties, person or persons aggrieved thereby or 
otherwise affected, directly or indirectly, may apply for such 
rehearing upon one or more of the following grounds and 
upon no other grounds : 

(1) That the commission acted without or in excess of 
its powers. 



LABOR LAWS GENERAL. 179 

(2) That the order or decision was procured by fraud. 

(3) That the order, decision, rule or regulation is unrea- 
sonable. 

(&) Nothing contained in this section shall be construed 
to limit the right of the commission, at any time and from 
time to time, to adopt new or different rules or regulations 
or new or different standards of safety, or to abrogate, 
change or modify any existing rule, regulation or standard, 
or any part thereof, or to deprive the commission of con- 
tinuing jurisdiction over the same, or to prevent the enforce- 
ment in the manner provided by this act, of any rules, regu- 
lations or standards of the commission, or any part thereof, 
when so adopted, or changed, or modified. 

Sec. 67. (a) Within thirty days after the application writ of 
for a rehearing is denied, or, if the application is granted, review, 
within thirty days after the rendition of the decision on the 
rehearing, any party affected thereby may apply to the 
supreme court of this state, or to the district court of appeal 
of the appellate district in which such person resides, for a 
writ of certiorari or review, hereinafter referred to as a 
writ of review, for the purpose of having the lawfulness of 
the original order, rule, regulation, decision or award, or the 
order, rule, regulation, decision or award on rehearing 
inquired into and determined. 

(b) Such writ shall be made returnable not later than Return 
thirty days after the date of the issuance thereof, and shall of writ - 
direct the commission to certify its record in the case to the 
court. On the return day the cause shall be heard in the 
court unless for good cause the same be continued. No new 
or additional evidence may be introduced in such court, but 
the cause shall be heard on the record of the commission as 
certified to by it. The review shall not be extended further 
than to determine whether : 

(1) The commission acted without or in excess of its scope 
powers. of writ - 

(2) The order, decision or award was procured by fraud. 

(3) The order, decision, rule or regulation was unrea- 
sonable. 



180 BUREAU OF LABOR STATISTICS. 

(4) If findings of fact are made, such findings of fact 
support the order, decision or award under review. 
Findings (c) The findings and conclusions of the commission on 
con- aCt Questions of fact shall be conclusive and final and shall not 
elusive, be subject to review ; such questions of fact shall include 
ultimate facts and the findings and conclusions of the com- 
mission. The commission and each party to the action or 
proceeding before the commission shall have the right to 
Decision appear in the review proceeding. Upon the hearing the court 
court shall enter judgment either affirming or setting aside the 
order, decision or award or may remand the case for further 
proceedings before the commission. 
Limita- (d) The provisions of the Code of Civil Procedure of this 
cou ,. t c state relating to writs of review shall, so far as applicable 
jurisdic- and not in conflict with this act, apply to proceedings in the 
courts under the provisions of this section. No court of 
this state, except the supreme court and the district courts 
of appeal to the extent herein specified, shall have jurisdic- 
tion to review, reverse, correct or annul any order, rule, reg- 
ulation, decision or award of the commission, or to suspend 
or delay the operation or execution thereof, or to restrain, 
enjoin or interfere with the commission in the performance 
of its duties ; provided, that a writ of mandamus shall lie 
from the supreme court or the district courts of appeal in 
all proper cases. 
Stay of g EC# Qg t ( a ) rphe filing of an application for a rehearing 
ceedings. shall have the effect of suspending the order, decision, award, 
rule or regulation affected, in so far as the same applies to 
the parties to such application, unless otherwise ordered by 
the commission, for a period of ten days, and the commission 
may, in its discretion and upon such terms and conditions 
as it may by order direct, stay, suspend or postpone the same 
during the pendency of such rehearing. 

(6) The filing of an application for, or the pendency of, 
a writ of review, shall not of itself stay or suspend the oper- 
ation of the order, decision, award, rule or regulation of the 
commisison subject to review, but the court before which 
such application is filed may, in its discretion, stay or sus- 
pend in whole or in part the operation of the order, decision, 



LABOR LAWS GENERAL. 181 

award, rule or regulation of the commission subject to 

review, upon such terms and conditions as it may by order 

direct, except as provided in the following subsection. 

(c) The operation of any order or award entered by the Under- 

commission under the provisions of sections six to thirty-one, on s ^ y 

inclusive, of this act, or any judgment entered thereon, shall of pro- 
ceedings 
not at any time be stayed by the court to which petition is 

made for a writ of review, unless a written undertaking be 
executed on the part of the petitioner by two or more sure- 
ties, to the effect that they are bound in double the amount 
named in such order, award or judgment ; that if the order,, 
award or judgment appealed from, or any part thereof, be 
affirmed, or the proceeding upon review be dismissed, the 
petitioner shall pay the amount directed to be paid by the 
order, award or judgment, or the part of such amount as to 
which the order, award or judgment is affirmed, if affirmed 
only in part, and all damages and costs which may be 
awarded against the petitioner ; and that, if the said peti- 
tioner does not make such payment within thirty days after 
the filing with the commission of the remittitur from the 
reviewing court, judgment may be entered, on motion of the 
adverse party, in his favor, and to which the said under- 
taking may be transferred, in any superior court in which 
a certified copy of the order or award may be filed against 
the sureties for such amount, together with interest that 
may be due thereon, and the damages and costs which may 
be awarded against the said petitioner. The provisions of 
the Code of Civil Procedure, except in so far as they may 
be inconsistent with this act, are applicable to said under- 
taking. Such undertaking shall be filed with the commission, 
and the certificate of the commission, or any proper officer 
thereof, of the filing and approval of such undertaking, is 
sufficient evidence of the compliance of the petitioner with 
the provisions of this subsection. 

Sec. 69. (a) Whenever this act, or any part or section To be 
thereof, is interpreted by a court, it shall be liberally con- liberal, 
strued by such court with the purpose of extending the 
benefits of the act for the protection of persons injured in 
the course of their employment. 



182 BUREAU OF LABOR STATISTICS. 

(h) If any section, subsection, subdivision, sentence, clause 
or phrase of this act is for any reason held to be unconsti- 
tutional, such decision shall not affect the validity of the 
remaining portions of this act. The legislature hereby 
declares that it would have passed this act, and each section, 
subsection, subdivision, sentence, clause or phrase thereof, 
irrespective of the fact that any one or more sections, sub- 
sections, subdivisions, sentences, clauses or phrases is declared 
unconstitutional. 
Inter- (c) This act shall not be construed to apply to employers 

state or employments which, according to law, are so engaged in 
merce. interstate commerce as not to be subject to the legislative 
power of the state, or to employees injured while they are so 
engaged, except in so far as this act may be permitted to 
apply under the provisions of the constitution of the United 
States or the acts of congress. 

Sec. 70. (a) Any employer, having in his employment 
any employee not included within the term "employee" as 
defined by section eight of this act or not entitled to com- 
pensation under this act, and any such employee, may, by 
their joint election, elect to come under the compensation 
provisions of this act in the manner hereinafter provided. 

(6) Such election on the part of the employer shall be 
made by filing with the commission a written statement to 
the effect that he accepts the compensation provisions of this 
act, which, when filed, shall operate, within the meaning of 
section six of this act, to subject him to the compensation 
provisions thereof, and of all acts amendatory thereof, for 
the term of one year from the date of filing, and thereafter 
without further act on his part, for successive terms of one 
year each, unless such employer shall, at least sixty days 
prior to the expiration of such first or succeeding year, file 
in the office of the commission a notice in writing that he 
withdraws his election. Such acceptance shall be held to 
include employees whose employment is both casual and not 
in the course of the trade, business, profession or occupation 
When °^ ^ e em Pl°y er > unless expressly excluded therefrom. In 
election case any employer is insured against liability for compensa- 
sumed. tl0n un( * er tn * s act » ne shall be deemed to have so elected 



LABOR LAWS GENERAL. 183 

during the period that such policy shall remain in force, 
without filing such written notice with the commission, as to 
all classes of employees covered by such policy of insurance, 
anything in this act to the contrary notwithstanding. 

(c) Any employee in the service of any employer who has Accept- 
made an election in either of the modes above prescribed, ^ nce 
shall be deemed to have accepted, and shall, within the mean- ployee. 
ing of section six of this act, be subject to the compensation 
provisions of this act, and of any act amendatory thereof, 

if, at the time of the injury for which liability is claimed : 

(1) The employer charged with such liability is subject to 
the compensation provisions of this act, whether the employee 
has actual notice thereof or not ; and 

(2) Such employee shall not, at the time of entering into 
the employment, have given to his employer notice in writing 
that he elects not to be subject to the compensation provi- 
sions of this act ; or, in the event that such employment was 
entered into in advance of the election by the employer, such 
employee shall have given to his employer notice in writing 
that he elects to be subject to such provisions, or without 
giving either of such notices, shall have remained in the 
service of such employer for five days after the employer has 
filed his election, in which case the time at which the 
employee becomes subject to said compensation provisions 
shall be deemed to be at the beginning of said period. 

(d) The state, and all political or other subdivisions Election 
thereof, as defined in section seven, and all state institutions, by 
shall be conclusively presumed to have elected to come within 

the provisions of this act as to all employments otherwise 
excluded from this act. 

(e) All written acceptances filed by employers with the 
commission prior to the taking effect of this act, accepting an C e 
the provisions of the workmen's compensation, insurance and " nder 
safety act, chapter one hundred seventy-six, statutes of 1913, laws, 
and all acts amendatory thereof, shall, unless written notice 

be given to the contrary by said employer within sixty days 
after the taking effect of this act, be deemed acceptances of 
the provisions of this act, and all acts amendatory thereof, 
in accordance with the provisions of this section. 



184 BUREAU OF LABOR STATISTICS. 

Sec. 72. Nothing contained in this act shall be construed 
to limit, interfere with, disturb, or render ineffective in any 
degree, any matter, proceeding or transaction pending, done 
or performed under the provisions of chapter one hundred 
seventy-six, statutes of 1913, and all acts amendatory thereof, 
or supplementary thereto, by the industrial accident commis- 
sion, or any department or division thereof, or to affect any 
right or liability accrued or accruing or to accrue under said 
acts, but each and every part thereof are hereby expressly 
saved and continued under the jurisdiction of said industrial 
accident commission, with full power, authority and jurisdic- 
tion, and with the right and duty in said industrial accident 
commission to fully administer and dispose of the same. 
Not Sec. 73. The compensation provisions of this act, except 

retro- procedural provisions, shall not apply to any injury sustained 
prior to the taking effect hereof. 

Sec. 74. This act shall take effect on the first day of 
January, 1918. 

(Act of 1913.) 

Annual Sec. 88. The commission shall, not later than the first 
report. ^ ay £ December of each calendar year, subsequent to the 
year 1913, make a report to the governor of the state cover- 
ing its entire operations and proceedings for the previous 
fiscal year, with such suggestions or recommendations as it 
may deem of value for public information. Such report 
shall be printed and a copy thereof furnished to all applicants 
within this state. 
Appro- Sec. 89. The sum of one hundred eighty-seven thousand 
priation. f our hundred seventy dollars is hereby appropriated out of 
any money in the state treasury, not otherwise appropriated, 
to be used by the industrial accident commission in carrying 
out the purposes of this act, and the controller is hereby 
directed to draw his warrant on the general fund from time 
to time in favor of said industrial accident commission for 
the amounts expended under its direction, and the treasurer 
is hereby authorized and directed to pay the same. 

Sec. 90. All acts or parts of acts inconsistent with this 
act are hereby repealed. 



LABOR LAWS GENERAL. 185 

Sec. 91. The compensation provisions of this act shall 
not apply to any injury sustained prior to the taking effect 
thereof. 

Sec. 92. This act shall take effect and be in force on and 
after the first day of January, A. D. 1914. 

(Act of 1917.) 

Sec. 71. Sections two, twelve, thirteen, fourteen, fifteen. Repeal- 

ins 
sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, sections. 

twenty-two, twenty-three, twenty-four, twenty-five, twenty- 
six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty- 
one, thirty-two, thirty-three, thirty-four, thirty-five, fifty-one, 
fifty-two, fifty-three, fifty-four, fifty-five, fifty-six, fifty-seven, 
fifty-eight, fifty-nine, sixty, sixty-one, sixty-two, sixty-three, 
sixty-four, sixty-five, sixty-six, sixty-seven, sixty-eight, sixty- 
nine, seventy, seventy-one, seventy-two, seventy-three, 
seventy-four, seventy-five, seventy-five a, seventy-six, seventy- 
seven, seventy-eight, seventy-nine, eighty, eighty-one, eighty- 
two, eighty-three, eighty-four, eighty-five, eighty-six and 
eighty-seven of chapter one hundred seventy-six, statutes of 
1913, and all other acts and parts of acts inconsistent here- 
with, are hereby repealed ; provided, that nothing contained 
in this act shall be construed as limiting or repealing sec- 
tions one, three, four, five, six, seven, eight, nine, ten, eleven, 
thirty-six, thirty-seven, thirty-eight, thirty-nine, forty, forty- 
one, forty-two, forty-three, forty-four, forty-five, forty-six, 
forty-seven, forty-eight, forty-nine, fifty, eighty-eight and 
ninety of the said chapter one hundred seventy-six, statutes 
of 1913. 

ACT No. 2144g. 
(Stats. 1915, chap. 667.) 
Hospital fees — Accounting of. 

Section 1. The following terms, as used in this act, shall 
be construed as follows : 

(a) The term "employer" shall mean and include every Terms 
person, partnership, company, association, joint stock asso- defined - 
ciation or corporation engaged in any business or enterprise 
in this state and hiring or employing five or more persons in 
such business. 



186 BUREAU OF LABOR STATISTICS. 

(6) The term "charge" shall mean and include any deduc- 
tion from the salary or wage of an employee, or any col- 
lection from or contribution by an employee, whether such 
charge be made regularly at stated intervals or at the time 
of injury or illness of an employee, or at any other time or 
in any other manner. 
Report Sec. 2. Every employer who affords or provides hospital 
^^ e service of any sort for his employees, for which service any 
charge is received or collected by such employer, or at his 
instance or request, shall in each year, on or before the 
thirtieth day of January thereof, file as hereinafter provided 
a written report for the next last preceding year, which 
report shall contain a statement showing (1) the total 
amount of hospital charges collected or received during the 
year, (2) an itemized account of all expenditures, invest- 
ments or other disposition of such charges, and (3) a state- 
ment showing what balance, if any, remains. This report 
shall be verified by the employer, if an individual ; by a 
member, if a partnership ; by the secretary or president, if a 
corporation, company, association or joint stock association. 
p eeg Sec. 3. (As amended, Stats. 1917, chap. 73.) Every 

to be such hospital charge demanded, collected or received by an 
able. " employer shall be just and reasonable. The railroad com- 
mission is hereby given authority to decide what is an 
unreasonable charge in all cases where such charge is made 
by a hospital maintained by a common carrier by rail, and 
in all cases where the charge is made by a hospital main- 
tained by other than a common carrier by rail, the industrial 
accident commission is hereby given authority to decide what 
is an unreasonable charge. 

Sec. 4. No such hospital charge collected or received by 

an employer shall be devoted to any purpose other than bona 

fide hospital or medical service for the employees from whom 

the charge is demanded, collected or received. 

Common Sec. 5. (As amended, Stats. 1917, chap. 73.) Every 

carrier common carrier by rail employer who is under a duty to 

to rail- render the report referred to in section two of this act shall 

road be subject to the jurisdiction, control and regulation of the 

S i 0n# railroad commission in respect to auditing and inspection of 



LABOR LAWS GENERAL. 187 

all books, records and accounts and to enforce its orders in 
the same manner and to the same extent as said commission 
now possesses over any public utility that is subject to the 
provisions of the "public utilities acts" of this state, approved 
December 23, 1911, as amended June 11, 1913, and June 14, 
1913, and all acts amendatory thereof or supplemental 
thereto. Every employer coming under the provisions of 
this act shall be required to post a copy of this statement or 
report upon all bulletin boards at terminals or in a conspicu- 
ous place where employees can read such statement or report. 
Every employer other than a common carrier by rail, who other 

is under a duty to render the report referred to in section two e ™- 

plovers 
of this act, shall be subject to the jurisdiction, control and un der in- 

regulation of the industrial accident commission in respect dustrial 
to the auditing and inspection of all books, records and commis- 
accounts and the authority is hereby conferred upon said sion - 
industrial accident commission to enforce by appropriate 
orders and processes the provisions of this act. The written 
report required by section two hereof when made by a com- 
mon carrier by rail shall be filed with the railroad commis- 
sion. All other written reports required by section two 
hereof shall be filed with the industrial accident commission. 

ACT No. 2223. 

(Stats. 1873-74, page 726.) 
Mine regulations — Coal mines. 

Section 1. The owner or agent of every coal mine shall Map. 
make or cause to be made an accurate map or plan of the 
workings of such coal mine, on a scale of one hundred feet to 
the inch. 

Sec. 2. A true copy of which map or plan shall be kept same 
at the office of the owner or owners of the mine, open to the to be 
inspection of all persons, and one copy of such map or plan ^pec- 
shall be kept at the mines by the agent or other person tion. 
having charge of the mines, open to the inspection of th^ 
workmen. 

Sec. 3. The owner or agent of every coal mine shall pro- Escape 
vide at least two shafts or slopes, or outlets, separated by shaft. 
natural strata of not less than one hundred and fifty feet in 



Ventila- 
tion. 



188 BUREAU OF LABOR STATISTICS. 

breadth, by which shafts, slopes, or outlets distinct means 
of ingress and egress are always available to the persons 
employed in the coal mine ; provided, that if a new tunnel, 
slope, or shaft will be required for the additional opening, 
work upon the same shall commence immediately after the 
passage of this act, and continue until its final completion, 
with reasonable dispatch. 

Sec. 4. The owner or agent of every coal mine shall pro- 
vide and establish for every such mine an adequate amount 
of ventilation, of not less than fifty-five cubic feet per second 
of pure air, or thirty-three hundred feet per minute, for every 
fifty men at work in such mine, and as much more as cir- 
cumstances may require, which shall be circulated through 
to the face of each and every working place throughout the 
entire mine, to dilute and render harmless and expel there- 
from the noxious, poisonous gases, to such an extent that 
the entire mine shall be in a fit state for men to work 
therein, and be free from danger to the health and lives of 
the men by reason of said noxious and poisonous gases, and 
all workings shall be kept clear of standing gas. 
Inspec- Sec. 5. To secure the ventilation of every coal mine, and 
overseer P r °vide for the health and safety of the men employed therein, 
otherwise and in every respect, the owner, or agent, as the 
case may be, in charge of every coal mine, shall employ a 
competent and practical inside overseer, who shall keep a 
careful watch over the ventilating apparatus, over the air 
ways, the traveling ways, the pumps and sumps, the timber- 
ing, to see as the miners advance in their excavations that all 
loose coal, slate, or rock overhead is carefully secured against 
falling ; over the arrangements for signaling from the bottom 
to the top, and from the top to the bottom of the shaft or 
slope, and all things connected with the [and] appertaining 
to the safety of the men at work in the mine. He, or his 
assistants, shall examine carefully the workings of all mines 
generating explosive gases, every morning before the miners 
enter, and shall ascertain that the mine is free from danger, 
and the workmen shall not enter the mine until such exam- 
ination has been made and reported, and the cause of danger, 
if any, be removed. 



LABOR LAWS — GENERAL. 189 

Sec. 6. The overseer shall see that hoisting machinery is Hoisting 
kept constantly in repair and ready for use, to hoist tne ^" 
workmen in or out of the mine. 

Sec. 7. The word "owner" in this act shall apply to Owner 



lessee as well. 



defined. 



Sec. 8. For any injury to person or property occasioned Action 
by any violation of this act, or any wilful failure to comply [j^^ 
with its provisions, a right of action shall accrue to the 
party injured for any direct damages he or she may have 
sustained thereby, before any court of competent jurisdiction. 

Sec. 9. For any wilful failure or negligence on the part Xegli- 

of the overseer of any coal mine, he shall be liable to convic- gence °„ f 
-, • i -. -. . i overseer. 

tion of misdemeanor, and punished according to law; pro 

vided, that if such wilful failure or negligence is the cause of 

the death of any person, the overseer, upon conviction, shall 

be deemed guilty of manslaughter. 

Sec. 10. All boilers used for generating steam in and Boilers. 
about coal mines shall be kept in good order, and the owner 
or agent thereof shall have them examined and inspected, by 
a competent boilermaker, as often as once in three months. 

Sec. 11. This act shall not apply to opening a new coal Excep- 



mine. 



tion. 



ACT No. 2224. 
(Stats. 1881, page 81.) 
Miners' hospital. 

Section 1. There shall be erected, as soon as conveniently object, 
may be, upon some suitable site, * * * a public hospital 
and asylum for the reception, care, medical, and surgical 
treatment, and relief of the sick, injured, disabled, and aged 
miners, which shall be known as the "California State Miners' 
Hospital and Asylum." * * * 

Sec. 5. Indigent miners shall be charged for medical at- charges, 
tendance, surgical operations, board, and nursing while resi- 
dents in the hospital and asylum, no more than the actual 
cost ; paying patients, whose friends can pay their expenses, 
and who are not chargeable upon townships and counties, 
shall pay according to the terms directed by the trustees. 



190 BUREAU OF LABOR STATISTICS. 

Patients Sec. 6. The several boards of supervisors of counties, or 
from any constituted authority in the state having care and charge 
em- ' of any indigent sick, or aged person or persons, if satisfac- 
torily proven by them to have been miners, shall have author- 
ity to send to the "California State Miners' Hospital and 
Asylum" such persons, and they shall be severally chargeable 
with the expenses of the care, maintenance, and treatment, 
and removal to and from the hospital and asylum of such 
patients. 

ACT No. 2225. 

(Stats. 1893, page 82.) 
Mine regulations — Signals. 
Mine Section 1. Every person, company, corporation, or indi- 

signas. v j^ ua j operating any mine within the State of California — 
gold, silver, copper, lead, coal, or any other metal or sub- 
stance where it is necessary to use signals by means of bell 
or otherwise for shafts, inclines, drifts, crosscuts, tunnels, 
Code of and underground workings — shall, after the passage of this 
signals. D ^> adopt, use, and put in force the following system or 
code of mine bell signals, as follows : 
1 bell, to hoist. (See Rule 2.) 

1 bell, to stop if in motion. 

2 bells, to lower. (See Rule 2.) , 

3 bells, man to be hoisted; run slow. (See Rule 2.) 

4 bells, start pump, if not running, or stop pump if run- 
ning. 

5 bells, send down tools. (See Rule 4.) 

6 bells, send down timbers. (See Rule 4.) 

7 bells, accident ; move bucket or cage by verbal orders 
only. 

1 — 3 bells, start or stop air compressor. 

1 — 4 bells, foreman wanted. 

2 — 1 — 1 bells, done hoisting until called. 

2 — 1 — 2 bells, done hoisting for the day. 

2 — 2 — 2 bells, change buckets from ore to water, or vice 
versa. 

3 — 2 — 1 bells, ready to shoot in the shaft. (See Rule 3.) 

Engineer's signal, that he is ready to hoist, is to raise the 
bucket or cage two feet and lower it again. (See Rule 3.) 






LABOR LAWS — GENERAL. 191 

Levels shall be designated and inserted in notice herein- 
after mentioned. (See Rule 5.) 

Sec. 2. For the purpose of enforcing and properly under- 
standing the above code of signals, the following rules are 
hereby established : 

Rule 1, — In giving signals make strokes on bell at regular Rules, 
intervals. The bar ( — ) must take the same time as for one 
stroke of the bell, and no more. If timber, tools, the fore- 
man, bucket, or cage, are wanted to stop at any level in the 
mine, signal by number of strokes on the bell, the number of 
the level first before giving the signal for timber, tools, etc. 
Time between signals to be double bars ( ). Examples : 

6 5, would mean stop at sixth level with tools. 

4 1 — 1 1, would mean stop at fourth level, man 

on, hoist. 

2 1 — 4, would mean stop at second level with foreman. 

Rule 2. — No person must get on or off the bucket or cage 
while the same is in motion. When men are to be hoisted, 
give the signal for men. Men must then get on bucket or 
cage, then give the signal to hoist. Bell cord must be in 
reach of man on the bucket or cage at stations. 

Rule 3. — After signal "Ready to shoot in shaft," engineer 
must give his signal when he is ready to hoist. Miners must 
then give the signal of "men to be hoisted," then "spit fuse," 
get into the bucket, and give the signal to hoist. 

Rule 4- — All timbers, tools, etc., "longer than the depth of 
the bucket," to be hoisted or lowered, must be securely lashed 
at the upper end to the cable. Miners must know they will 
ride up or down the shaft without catching on rocks or tim- 
bers, and be thrown out. 

Rule 5. — The foreman will see that one printed sheet of 
these signals and rules for each level and one for the engine 
room are attached to a board not less than twelve inches wide 
by thirty-six inches long, and securely fasten the board up 
where signals can be easily read at the places above stated. 

Rule 6. — The above signals and rules must be obeyed. 
Any violation will be sufficient grounds for discharging the 
party or parties so doing. No person, company, corporation, 
or individuals operating any mine within the State of Cali- 
fornia shall be responsible for accidents that may happen to 



192 BUREAU OF LABOR STATISTICS. 

men disobeying the above rules and signals. Said notice and 
rules shall be signed by the person or superintendent having 
charge of the mine, who shall designate the name of the cor- 
poration or the owner of the mine. 
Liability Sec. 3. Any person or company failing to carry out any 

for vio- of the provisions of this act shall be responsible for all dam- 
lation. . . . , . ^ _ . 

ages arising to or incurred by any person working in said 

mine during the time of such failure. 

ACT No. 2230.* 

(Stats. 1909, page 279.) 

Hours of labor in mines and smelting works. (See Stats. 

1913, chapter 186.) 

The foregoing statute was held to be constitutional: Ex 
parte Martin, 106 Pac. Rep. 235. 

ACT No. 2230a. 

(Stats. 1913, chap. 186.) 
Hours of labor in mines, underground workings, and 
smelters. 
Eight- Section 1. That the period of employment for all persons 
hour w h are employed or engaged in work in underground mines 
in search of minerals, whether base or precious, or who are 
engaged in such underground mines for other purposes, or 
who are employed or engaged in any other underground 
workings whether for the purpose of tunneling, making exca- 
vations or to accomplish any other purpose or design, or 
who are employed in smelters and other institutions for the 
reduction or refining of ores or metals, shall not exceed eight 
hours within any twenty-four hours, and the hours of employ- 
ment in such employment or work day shall be consecutive, 
excluding, however, any intermission of time for lunch or 
meals ; provided, that, in case of emergency where life or 
property is in imminent danger, the period may be a longer 
time during the continuance of the exigency or emergency. 
Penalty. Sec. 2. Any person who shall violate any provision of this 
act, and any person who as foreman, manager, director or 
officer of a corporation, or as the employer or superior officer 



♦Superseded by Act No. 2230a. 



LABOR LAWS GENERAL. 193 

of any person, shall command, persuade or allow any person 
to violate any provision of this act, shall be guilty of a mis- 
demeanor and upon conviction shall be punished by a fine of 
not less than fifty dollars ($50.00) nor more than three 
hundred dollars ($300.00), or by imprisonment of not more 
than three months. And the court shall have discretion to 
impose both fine and imprisonment as herein provided. 

Sec. 3. All acts and parts of acts inconsistent with this 
act are hereby repealed. 

ACT No. 2233. 

(Stats. 1913, chap. 368.) 
Telephones in mines. 

Section 1. In all mines operated and worked in this state ^eie- 
where a depth of more than five hundred feet underground pl'one 

SVSteiTl 

has been reached, a telephone system must be established, 
equipped and maintained by the owners or lessees thereof 
with stations at each working level below the depth afore- 
said, communicating with a station thereof on the surface of 
any such mine. 

Sec. 2. The failure or refusal of any owner or lessee to 
install or maintain such telephone system shall be deemed 
guilty of misdemeanor and punished accordingly. 

ACT No. 2553. 

(Stats. 1909, page 383.) 
Vacations. 

Section 1. (As amended, Stats. 1915, chap. 44.) Each Vaca- 
employee regularly employed at the state hospitals and each *^| of 
employee regularly employed in the service of any of the state em- 
commissions or state boards or in the state printing office P lo *' ees - 
who shall have been employed for a period of not less than 
six months shall be allowed, during each year of his service, 
a vacation of not less than fifteen working days duration ; 
said vacation to be-without loss of pay, and the time allowed 
for said vacation to be designated by the management of such 
state hospitals, and by the members of the state commissions 
and state boards and by the superintendent of state printing. 

13—32683 



194 BUREAU OF LABOR STATISTICS. 

ACT No. 2665. 

(Stats. 1905, page 28.) 
Hours of labor of drug clerks. 
Limit Section 1. As a measure for the protection of public 

hour" health, no person employed by any person, firm or corpora- 
perday. tion, shall for more than an average of ten hours a day or 
sixty hours a week of six consecutive calendar days perform 
the work of selling drugs or other medicines, or compounding 
physicians' prescriptions, in any store, establishment or place 
of business, where and in which drugs or medicines are sold 
at retail, and where and in which physicians' prescriptions 
are compounded ; provided, that the answering of and attend- 
ing to emergency calls shall not be construed as a violation of 
this act. 
Employ- Sec. 2. No person, firm or corporation employing another 
stricted P erson t° ^° work which consists wholly or Id part of selling, 
' at retail, drugs or medicines, or of compounding physicians' 
prescriptions, in any store, or establishment or place of busi- 
ness where or in which medicines are sold and where and in 
which physicians' prescriptions are compounded shall require 
or permit said employed person to perform such work for 
more than an average of ten hours a day, or sixty hours a 
week of six consecutive calendar days. 
Viola- Sec. 3. Any person, firm or corporation violating any of 
tions. {-kg p rov i s i ns of this act shall be deemed guilty of misde- 
meanor and shall be punished therefor by a fine not less than 
twenty dollars nor more than fifty dollars or by imprison- 
ment for not exceeding sixty days, or by both such fine and 
imprisonment, at the discretion of the court. 
Enforce- Sec. 5 (added Stats. 1907, pp. 273, 274). The commis- 
ment. sioners of the state bureau of labor statistics are [sic] hereby 
authorized, directed and empowered to enforce the provisions 
of this act. 

ACT No. 2838. 
(Stats. 1883, page 366.) 
Plumbers to be registered. 

Section 1. Every master or journeyman plumber carry- 
Regis- ing on his trade shall, under such rules and regulations as the 
required, board of health of such county, or city and county, shall 



LABOR LAWS — GENERAL. 195 

prescribe, register his name and address at the health office 
of such county, or city and county ; and after the said date it 
shall not be lawful for any person to carry on the trade of 
plumbing in any county, or city and county, unless his name 
and address be registered as above provided. 

Sec. 2. A list of the registered plumbers shall be published List to 
in the yearly report of the health office. Ushe?" 

ACT No. 2839. 

(Stats. 1885, page 12.) 
Examination and licensing of plumbers. 

Section 1. It shall not be lawful for any person to carry License 
on business, or labor as a master or journeyman plumber, in re Q ulied - 
any incorporated city, or in any city and county, in this state 
until he shall have obtained from the board of health of said 
city or city and county a license authorizing him to carry on 
business, or labor as such mechanic. A license so to do shall Exami- 
be issued only after a satisfactory examination by the board na 10n * 
of each applicant upon his qualifications to conduct such 
business or to so labor. All applications for license, and all 
licenses issued, shall state the name in full, age, nativity, and 
place of residence of the applicant or person so licensed. It 
shall be the duty of the secretary of each board of health to 
keep a record of all such licenses issued, together with an 
alphabetical index to the same. 

Sec. 2. A list of all licensed plumbers shall be published List. 
in the yearly report of the health officer or board of health. 

ACT No. 2894. 

(Stats. 1897, page 90.) 
Rate of wages of employees on public works. 

Section 1. The minimum compensation to be paid for $2 a 
labor upon all work performed under the direction, control, mM ' 
or by the authority of any officer of this state acting in his W ag e . 
official capacity, or under the direction, control, or by the 
authority of any municipal corporation within this state, or 
of any officer thereof acting as such, is hereby fixed at two 
(2) dollars per day; end a stipulation to that effect must be 
made a part of all contracts to which the state, or any 



196 BUREAU OF LABOR STATISTICS. 

Proviso, municipal corporation therein, is a party ; provided, however, 
that this act shall not apply to persons employed regularly 
in any of the public institutions of the state, or any city, city 
and county, or county. 

ACT No. 2895. 

(Stats. 1897, page 201.) 
Bonds for contractors on public works. 
Con- Section 1. (As amended, Stats. 1915, chap. 549.) Every 

toSto contractor, person, company, or corporation, to whom is 
bonds, awarded a contract for the execution or performance of any 
building, road, excavating, or other mechanical work for this 
state, or by any county, city and county, city, town, or district 
therein, shall, before entering upon the performance of such 
work, file with the commissioners, managers, trustees, officers, 
board of supervisors, board of trustees, common council, or 
other body by whom such contract was awarded, a good and 
sufficient bond, to be approved by such contracting body, 
officers or board, in a sum not less than one-half of the total 
amount payable by the terms of the contract ; such bond shall 
be executed by the contractor, and either at least two sureties 
or by corporate surety as provided by law, in an amount not 
less than the sum specified in the bond, and must provide 
that if the contractor, person, company, or corporation, or his 
or its subcontractor, fails to pay for any materials, pro- 
visions, provender or other supplies, or teams, used in, upon, 
for or about the performance of the work contracted to be 
done, or for any work or labor done thereon of any kind, 
that the surety or sureties will pay the same in an amount 
not exceeding the sum specified in the bond ; provided, that 
such claim shall be filed as hereafter required. 
Verified Sec. 2. (As amended, Stats. 1915, chap. 549.) Any mate- 
state- rialman, person, company or corporation furnishing materials, 
claims, provisions, provender or other supplies used in, upon, for or 
about the performance of the work contracted to be executed 
or performed, or any person, company or corporation renting 
or hiring teams for or contributing to said work to be done, 
or any person who performed work or labor upon the same, 
or any person who supplies both work and materials, and 
whose claim has not been paid by the contractor, company, 



LABOR LAWS GENERAL. 197 

or corporation, to whom the contract has been awarded, or 
by the subcontractor of said contractor, company, or corpora- 
tion, shall, within ninety days from the time such contract is 
completed, file witn the commissioners, managers, trustees, 
officers, board of supervisors, board of trustees, common 
council, or other body by whom such contract was awarded, 
a verified statement of such claims, together with a state- 
ment that the same has not been paid. At any time within 
six months after the filing of such claim, the person, company, 
or corporation filing the same may commence an action 
against the surety or sureties on the bond, specified and 
required in section one hereof. 

Sec. 3. This act shall take effect immediately. 

ACT No. 2840b 

(Stats. 1913, chap. 81.) 
Wiping rags — Sterilizing. 

Section 1. Every person or corporation who supplies or 
furnishes to his or its employees for wiping rags, or who sells 
or offers for sale for wiping rags, any soiled wearing apparel, wiping 
underclothing, bedding, or parts of soiled or used undercloth- rags 
ing, wearing apparel, bedclothes, bedding or soiled rags and s terii- 
cloths, unless the same have been sterilized by a process of >ze& 
boiling for forty minutes in a solution containing five per cent 
of caustic soda, and unless before such boiling, the sleeves, 
legs and bodies of garments are ripped and made into flat 
pieces, is guilty of a misdemeanor. 

Sec. 2. Wiping rags within the meaning of this act are wiping 

cloths and rags used for wiping and cleaning the surfaces of ^ . 

defined, 
machinery, machines, tools, locomotives, engines, motor cars, 

automobiles, cars, carriages, windows, and furniture, and sur- 
faces of articles, appliances and engines in factories, shops, 
steamships and steamboats, and generally used for cleaning 
purposes in industrial employments, and also used by 
mechanics and workmen for wiping from their hands and 
bodies soil incident to their employment. 

Sec. 3. (As amended, Stats. 1917, chap. 766.) Any Not to be 
person or corporation who shall wash, cleanse or launder cleaned 
soiled rags or soiled cloth material for wiping rags by the laundry. 



198 BUEEAU OF LABOR STATISTICS. 

same machinery or appliances by which clothing and articles 
for personal wear or household use are laundered, shall be 
guilty of a misdemeanor. 
Inspec- Sec. 4. Every peace officer, health officer or health in- 
tion * spector, upon proper demand and notice of his authority, 
shall be permitted, during business hours, to enter factories, 
shops, yards, ships, boats and premises where wiping rags are 
used, or are kept for sale, or offered for sale, and inspect such 
wiping rags; and it shall be unlawful for any person, firm, 
company or corporation to refuse to permit such inspection, 
or to impede or obstruct such officer during such inspection. 
Local Sec. 5. Each county, city and county, city and town, may 

tionsf" re £ u l ate tne business of laundering, and sterilizing, and the 
business of selling wiping rags, by enacting ordinances pro- 
hibiting the laundering, sterilizing and sale, and offering for 
sale, of wiping lags, or cloth material for wiping rags, within 
their respective jurisdictions, without a permit issued by the 
board of supervisors of the county, or board of health or 
health officer of the city and county, city and town, and for 
the issuance of certificates of inspection of wiping rags of- 
fered for sale. Such permit shall be granted as of course on 
a first application therefor, and may be revoked by the board 
or officer authorized to issue the same for a violation of this 
act or for a violation of such ordinance by the holder of such 
permit. The board, department or officer authorized to issue 
permits to launder, sterilize, or sell wiping rags shall keep a 
register of the names and places of business of persons to 
whom such permits are issued, and the date of issue and 
number of said permit, and a record of revocation of issued 
permits. 
Pack- Sec. 6. Every package or parcel of wiping rags must, 

age s before being sold or offered for sale, be plainly marked 
marked, "sterilized wiping rags," with the number and date of permit 
given for the conducting of the laundry in which the rags 
contained in such package or parcel were laundered and 
sterilized, and the name of the board or officer issuing the 
permit ; or with the name and location of the laundry in 
which such rags were laundered and sterilized. 
Penalty. Sec. 7. Any person, firm or corporation who shall violate 
any of the provisions of this act shall be guilty of a misde- 
meanor. 



LABOR LAWS GENERAL. 199 

ACT No. 2935. 

(Stats. 1911, chap. 49.) 
Railroads — Full crews. 

Section 1. It shall be unlawful for any common carrier Full 
by railroad in the State of California operating more than £ rew 
four trains each way per day of twenty-four hours on any pa ssen- 

main track or branch line of railroad within this state to run ? er . 

tram. 
or permit to be run, any passenger, mail or express train pro- 
pelled or drawn by steam, electricity or other motive power 
that has not at least the following named employees thereon : 
One engineer and one fireman for each steam locomotive 
where such train is propelled or drawn by steam, one electric 
motorman for each train where such train is propelled or 
run by electricity, and one motor or power control man for 
every train where said train is propelled by other motive 
power than steam or electricity, one conductor, one brake- 
man, one baggageman ; provided, that upon any such train 
upon which baggage is not hauled and on gasoline motor 
oars, a baggageman need not be employed ; provided, further, 
that on any such train where four cars exclusive of railroad 
officers' private cars, or more than four cars are hauled, 
exclusive of railroad officers' private cars, two brakemen 
instead of one shall be employed. 

Sec. 2. (As amended, Stats. 1915, chap. 501.) It shall be Freight 
unlawful for any common carrier by railroad in the State of rains * 
California operating more than four trains each way per day 
of twenty-four hours on any main track or branch line of 
railroad within this state to run or permit to be run on any 
main track or branch line operated by it any freight, mixed 
or work train propelled by steam, electricity or other motive 
power that has not at least the following employees thereon : 
one engineer and one fireman for each steam locomotive where 
such train is propelled or drawn by steam, one motorman for 
each train where such train is propelled or run by electricity, 
and one motor or power control man for every train where 
such train is propelled by motive power other than steam or 
electricity, one conductor and two brakemen ; provided, that 
on any such train running on any track which attains a 
grade of one per cent or less than one per cent, for a distance 



200 BUREAU OF LABOR STATISTICS. 

of more than one-half mile, there shall be three brakemen 
for fifty cars, four brakemen for seventy-six cars and an 
additional brakeman for every additional twenty-five cars ; 
provided, further, that on any such train running on any 
track which attains a grade of more than one per cent and 
less than one and one-half per cent, for a distance of more 
than one-half mile, there shall be three brakemen for fifty 
cars and an additional brakeman for every twenty-five cars 
or fraction of twenty-five greater than twelve cars ; provided, 
further, that any such train running on a track which attains 
a grade of more than one and one-half per cent, for a 
distance of more than one-half mile, there shall be three 
brakemen for fifty cars and an additional brakeman for 
every fifteen cars or fraction of fifteen greater than seven 
cars. 
Other Sec. 3. (As amended, Stats. 1915, chap. 501.) It shall be 

trains, unlawful for any common carrier by railroad in the State of 
California operating more than four trains each way per day 
of twenty-four hours on any main track or branch line of 
railroad within this state, to run or permit to be run any 
self-propelled pile driver, car or vehicle which has sufficient 
power to draw or propel itself and one or more standard cars, 
or any train propelled or drawn by steam, electricity or other 
motive power other than those trains described in sections 
one and two of this act that have not at least the following 
named employees thereon : one engineer and one fireman for 
each steam locomotive where such train is propelled by steam, 
one motorman for every train where such train is propelled 
or drawn by electricity and one motor or power control man 
for each train propelled by other motive power than steam or 
electricity and one steam engineer or one motor or power 
control man for each self-propelled pile driver or other self- 
propelled vehicle which has sufficient power to draw or propel 
itself and one or more standard cars, one conductor and one 
'M'^piMn; provided, that nothing in this act contained shall 
apply to a locomotive or locomotives without cars, except 
that each locomotive must have one engineer and one fireman 
when being moved in train under steam, unless engine is 
disabled, nor shall this act apply to any relief or wrecking 



LABOR LAWS — GENERAL. 201 

train in any case where a sufficient number of employees to 
comply with this section are not available for service on such 
relief or wrecking train ; provided, hoivever, that the pro- 
visions of section three of this act with reference to self- 
propelled pile driver, car or vehicle which has sufficient power 
to draw or propel itself and one or more standard cars shall 
apply to such self-propelled pile driver, car or vehicle only 
when self-propelled pile driver, car or vehicle is moved under 
its own power from one permanent station or permanent 
siding to place of work where the distance between said 
station or siding to place of work is one-half mile or more. 

Sec. 4. It shall be unlawful for any such common car- Qualifl- 
rier to employ any person as a steam locomotive engineer cations, 
who shall not have had at least three years' actual service as 
a steam locomotive fireman or one year's actual service as a 
steam locomotive engineer, or to employ any person as a 
conductor who shall not have had at least two years' actual 
service as a railroad brakeman on steam or electric railroad 
other than street railway, or one year's actual service as a 
railroad conductor, or to employ any person as a brakeman 
who shall not have passed the regular examination required 
by transcontinental railroads ; provided, that nothing in this 
act contained shall apply to the running or operating of loco- 
motives or motor power cars to and from trains at terminals 
by hostlers or to the running or operating of steam loco- 
motives or motive power cars to and from engine houses or 
to the doing of work on steam locomotives or motive power 
cars at shops or engine houses. 

Sec. 5. (As amended, Stats. 1915, chap. 501.) Any Penalty, 
violation of this act shall be a misdemeanor, and shall be 
punished by a fine not exceding five hundred dollars, or by 
imprisonment in the county jail not to exceed six months, or 
by both such fine and imprisonment. 

Sec. 6. (As amended, Stats. 1915, chap. 501.) Nothing Time of 
in this act contained shall apply to the operation of any strikes. 
train by said common carrier during times of strikes or 
walkouts, participated in by any of the hereinbefore men- 
tioned employees of such common carriers, 



202 BUREAU OF LABOR STATISTICS. 

Motor Sec. 7. (Added, Stats. 1915, chap. 501.) Nothing con- 

cars - tained in this act shall be construed or be held to apply 

to gasoline motor cars operated exclusively on branch lines 

nor to trains of less than three cars propelled by electricity. 

ACT No. 2936. 

(Stats. 1911, chap. 484.) 
Hours of labor on railroads. 
Hours Section 1. (As amended, Stats. 1913, chapter 226.) It 
duty. sna11 hereafter be unlawful for any corporation or receiver 
operating any line of steam, electric railroad, or other rail- 
way, in whole or in part, in this state, or any officer, agent 
or representative of such corporation to require or knowingly 
permit any conductor, motorman, engineer, fireman, brake- 
man, train dispatcher, or telegraph operator to be or remain 
on duty for a longer period than sixteen consecutive hours. 
And whenever any such employee of such common carrier 
shall have been continuously on duty for sixteen hours he 
shall be relieved and not required or permitted again to go 
on duty until he has had at least ten consecutive hours off 
duty; and no such employee who has been on duty sixteen 
hours in the aggregate in any twenty-four-hour period shall 
be required or permitted to continue or again go on duty 
without having had at least eight consecutive hours off duty ; 
provided, that no operator, train dispatcher, or other employee 
who by the use of the telegraph or telephone dispatches, re- 
ports^ transmits, receives or delivers orders pertaining to or 
affecting train movements shall be required or permitted to 
be or remain on duty for a longer period than nine hours in 
any twenty-four hours, in all towers, offices, places, and 
stations continuously operated night and day, nor for a longer 
period than thirteen hours in all towers, offices, places and 
stations operated only during the daytime, except in case of 
emergency ; when the employees named in this proviso may be 
permitted to be and remain on duty for four additional hours 
in a twenty-four-hour period or not exceeding three days in 
any week ; provided, that the provisions of this act shall not 
apply in any case of casualty or unavoidable accident, or the 
act of God ; nor where the delay was the result of a cause not 



LABOR LAWS GENERAL. 203 

known to the carrier or its officer or agent in charge of such 
employee at the time said employee left a terminal, and which 
could not have been foreseen ; and provided, further, that the 
provisions of this act shall not apply to the crews of wrecking 
or relief trains. 

Sec. 2. It shall hereafter be unlawful for any corporation Hours 
or receiver operating any line of railroad in whole or in part off dut y- 
in this state, or any officer, agent, or representative of such 
company or receiver to require or knowingly permit any con- 
ductor, engineer, fireman, brakeman, train dispatcher or 
telegraph operator, who has been on duty for sixteen con- 
secutive hours and who has gone off duty, to again go on 
duty or perform any work for such receiver or corporation 
until he has had at least eight hours off duty. 

Sec. 3. Any corporation or receiver operating a line of Penalty 
railroad in whole or in part within this state, who shall JatiOT?" 
violate any of the provisions of this act shall be liable to the 
State of California in a penalty of not less than two hundred 
dollars nor more than one thousand dollars for each offense, 
and such penalties shall be recovered and suit therefor shall 
be brought in the name of the State of California in any court 
having jurisdiction of the amount in any county into or 
through which said railroad may pass. Such suit or suits 
may be brought either by the attorney general of the state or 
under his direction by the district attorney of any county 
or city and county in the State of California into or through 
which said railroad may pass. 

Sec. 4. Any officer, agent or representative of any corpo- 0fficer of 
ration or receiver operating any line of railroad in whole or railroad 
in part within this state, who shall violate any of the pro- e ' 
visions of this act shall be deemed guilty of a misdemeanor, 
and upon conviction therefor shall be punished by a fine of 
not less than one hundred dollars nor more than five hundred 
dollars for each offense, or by confinement in the county jail 
for not less than ten nor more than sixty days, or by both 
fine and imprisonment, and such person so offending may be 
prosecuted under this section, either in the county where 
such person may be at the time of commission of the offense, 
or in any county where such employee has been permitted or 
required to work in violation of this act. 



204 BUEEAU OF LABOE STATISTICS. 

Excep- Sec. 5. Provided, that the provisions of this act shall not 
tions. apply in any case of casualty or unavoidable accident or the 
act of God ; nor where the delay was the result of a cause 
not known to the carrier or its officers or agents in charge of 
such employee at the time said employee left a terminal, and 
which could not have been foreseen ; provided, further, that 
the provisions of this act shall not apply to the crews of 
wrecking or relief trains. 

ACT No.* 3574a. 

(Stats. 1909, page 209.) 
Employment of children — Enforcement of laws. 

Illegal Section 1. All minors coming within the provisions of 
employ- an ac t entitled "An act regulating the employment and hours 
minors. °f labor of children, prohibiting the employment of minors 
under certain ages, prohibiting the employment of certain 
illiterate minors, providing for the enforcement hereof by 
the commissioner of the bureau of labor statistics and pro- 
viding penalties for the violation hereof, " (approved Feb- 
ruary 20, 1905,) and found employed and at work without 
the necessary legal authorization as provided for and required 
in said act, and whose ages are between the maximum and 
minimum age limits as described in an act entitled, "An act 
to enforce the educational rights of children and providing 
penalties for violation of the act," shall be placed or delivered 
into the custody of the school district authorities of the 
county, city, or city and county in which they are found 
illegally at work. 

Sec. 2. The commissioner of the bureau of labor sta- 
tistics is hereby authorized, directed and empowered to 
enforce the provisions of this act. 

Sec. 3. This act shall take effect immediately. 



STATUTES NINETEEN SEVENTEEN". 205 



STATUTES OF 1917. 



CHAPTER 65. 

Plumbers — Examination, certification and registration. 

An act providing for the examination, certification and regis- 
tration of plumbers, prescribing powers and duties of the 
state board of health in reference thereto, and penalties for 
a violation of the provisions hereof. 

[Approved April 6, 1917.] 

The people of the State of California do enact as follows: 
Section 1. Certain terms as used in this act shall be 

construed as follows : 

(a) The term "master plumber' means one who has an Terms 
established place of business and works by contract. 

(b) The term "journeyman plumber" means one who, as 
an employee, personally installs plumbing- work, but does 
not mean a helper or an apprentice working under the direct 
personal supervision of a plumber who holds a temporary 
permit or a certificate of competency issued pursuant to the 
provisions of this act. 

Sec. 2. It shall be unlawful for any journeyman plumber Certifi- 
or master plumber in any city or town maintaining a public ^ * om _ 
sewer system to personally install any plumbing or drainage petency. 
system or portion thereof unless he shall first obtain a tem- 
porary permit or a certificate of competency issued pursuant 
to and as provided for in this act. 

Sec. 3. In each county in which there is a city or town Exanrin- 
having a sewer system, the state board of health shall appoint j^| rd> 
an examining board of three members, one of whom must be 
a journeyman plumber who has had at least five years' 
practical experience as a plumber in this state, one a 
master plumber who has engaged in the plumbing business 
as a master plumber for at elast five years in this state, 
and one a regularly licensed and practicing physician of 
this state. They shall serve for twelve, eighteen and twenty- 
four months respectively, or until their successors are duly 



206 BTJBEAU OF LABOB STATISTICS. 

appointed and qualified, and each member shall receive as 
compensation fifty cents for each applicant examined, such 
compensation to be paid out of the funds of the state board 
of health semiannually. Within ten days after their appoint- 
ment the board shall meet and choose one of its members to 
act as secretary of the board. The state board of health 
shall provide each examining board with the necessary appli- 
cation forms, registration books, temporary permits, certifi- 
cation blanks, and all tools, materials and office or shop room 
in which to properly conduct the examinations. Applications 
for examination may be made in writing. The state board 
of health shall adopt such rules and regulations as may be 
necessary and advisable to carry out the purposes of this 
act. 
Applica- Sec. 4. Application for certification shall be made to the 
certifica- secretary of the examining board. The fee for filing the 
cation, application shall be two and one-half dollars and shall be 
paid to the secretary of the examining board and by him to 
the state board of health to the credit of the contingent fund 
thereof. In no case shall the filing fee be returned to the 
applicant. The examining board shall issue to the applicant 
a temporary permit which shall be valid only until the exam- 
Examina- ination is held and the certificate granted or denied. The 
10n * examination shall consist of an oral or written examination 
and practical test and shall be of sufficient strictness to 
properly test the qualifications of the applicant as to his 
knowledge of plumbing, house draining and ventilation. If 
the applicant shows by a proper examination that he is 
qualified the board shall issue to him a certificate of com- 
petency which shall thereafter be renewed every twelve 
months without the necessity of an examination, upon the 
payment of an annual fee of two dollars. Any person pos- 
sessing such a certificate of competency to work in a partic- 
ular county shall be entitled to work at the plumbing business 
in any other county in this state upon registering with the 
examining board thereof. Such registration shall be without 
cost and without examination. 
Revoca- Sec. 5. Said board may make such rules and regulations 
tion ° f as may be necessary to effectively carry out the provisions of 
cates. this act and may at any time revoke a certificate granted by 



STATUTES NINETEEN SEVENTEEN. 207 

it for the violation of any such rules or regulations or of a 
municipal building, plumbing or sanitary ordinance. 

Sec. 6. Nothing in this act contained shall be deemed top r0 vi- 
repeal or in any manner supersede the authority conferred s \ on of 
upon the board of health, department of public health, or charter, 
health officer, by the charter of any incorporated city or city 
and county, or the power, under such charter, to enact ordi- 
nances providing for the conduct of any of the matters and 
things embraced within the terms of this act. 

Sec. 7. Any person violating any provisions of this act Penalty, 
shall be guilty of a misdemeanor as denned in section nineteen 
of the Penal Code. 

CHAPTER 74. 
Elevators in places of employment — Inspection. 

An act to provide for the periodical inspection of elevators 
operated in places of employment in this state; to require 
a permit for such operation; to make it a misdemeanor to 
operate such elevator without such permit; and to provide 
for an injunction against such operation if dangerous to 
the life or safety of employees ; to vest in the industrial 
accident commission the power to make such inspections 
and determine the competency of inspectors and require 
reports of inspections and to issue such permits and pre- 
scribe maximum fees therefor. 

[Approved April 6, 1917.] 
The people of the State of California do enact as follows: 

Section 1. No power elevator or hand-power elevator, permit 
unless exempted in the following section, shall be operated t0 
in any place of employment in this state unless a permit, as elevator, 
hereinafter provided, for the operation thereof, shall have 
been issued by the industrial accident commission, and unless 
such permit shall remain in full force and effect. The opera- 
tion of such elevator by any person owning or having the 
custody, management or operation of such elevator without 
such permit shall constitute a misdemeanor, and each day 
of operation of such elevator without such permit shall con- 
stitute a separate offense ; provided, that no prosecution shall 



20S BUREAU OF LABOR STATISTICS. 

be maintained wfyere the issuance or renewal of such permit 
shall have been requested and shall remain unacted upon. 
Injunc- Whenever any elevator in any place of employment is being 
tioiu operated without the permit herein required, and is in such 
condition that its use is dangerous to the life or safety of 
any employee, the industrial accident commission, a commis- 
sioner or any safety inspector thereof, or any person affected 
thereby may apply to the superior court of the county in 
which such elevator is located for an injunction restraining 
the operation of such elevator until such condition shall be 
corrected. Proof by certification of the said commission 
that such permit has not been issued, together with the 
affidavit of any safety inspector of the commission that the 
operation of such elevator is dangerous to the life or safety 
of any employee, shall be sufficient ground for the immediate 
granting of a temporary restraining order. 
F mn ^ EC * ^" Elevators under the jurisdiction of the United 
tions. States government, and all elevators operated by employers 
not subject to the safety provisions of the workmen's com- 
pensation, insurance and safety act of 1917 and acts amenda- 
tory thereof, are exempted from the provisions of this act. 
Inspec- Sec. 3. The industrial accident commission shall cause 
tim ° f power elevators to be inspected, not less frequently than twice 
each year and hand-power elevators not less frequently than 
once each year. If such elevators shall be found upon such 
inspection to be in a safe condition for operation, a permit 
shall be issued by said commission for their operation for 
not longer than six months for a power elevator or longer 
than one year for a hand-power elevator, which shall be the 
Order permit referred to in section one. If such inspection shall 
^ QnV show such elevator to be in an unsafe condition, the commis- 
sion, or a commissioner, may issue a preliminary order requir- 
ing such repairs or alterations to be made to such elevator 
as may be necessary to render it safe, and may order the 
use of such elevator discontinued until such repairs or altera- 
tions are made or such unsafe conditions are removed. 
Unless such preliminary order be complied with, a hearing 
before the commission, a commissioner or referee of such 
commission shall be allowed, upon request, at which the 



repair. 



STATUTES NINETEEN SEVENTEEN. 209 

owner, operator or other person in charge of such elevator 
shall have opportunity to appear and show cause why he 
should not comply with said order. If it shall thereafter 
appear to the commission that such elevator is unsafe and 
that the requirements contained in said preliminary order 
should be complied with, or that other things should be done 
to make such elevator safe, the commission may order or 
confirm the withholding of the permit to operate such elevator 
and may make such requirements as it deems proper for its 
repair or alteration or for the correction of such unsafe 
condition. Such order may thereafter be reheard by the 
commission or reviewed by the courts in the manner specified 
by the workmen's compensation, insurance and safety act of 
1917 for safety orders, and not otherwise. If the operation Tempo- 
of such elevator during the making of repairs or alterations rar * T 
is not immediately dangerous to the safety of employees, the to 
commission may, in its discretion, issue a temporary permit operate. 
for the operation of such elevator for not to exceed thirty 
days during the making of such repairs or alterations. Noth- 
ing contained in this act shall be construed as a limitation 
upon the authority of the commission to prescribe or enforce 
general or special safety orders. 

Sec. 4. The commission may, in its discretion, cause the Inspec _ 
inspection herein provided for to be made either by its safety tors, 
inspectors or by any qualified elevator inspector employed 
by an insurance company, or may issue its permit, based 
upon a certificate of inspection issued by qualified elevator 
inspectors of any municipality, upon proof to its satisfaction 
that the safety requirements of such municipality are equal 
to the minimum safety requirements for elevators adopted 
by the commission ; provided, that such persons making certifl- 
inspections shall first secure from the commission a certificate cate 
of competency to make such inspections. The commission pe tency. 
is hereby vested with full power and authority to determine 
the competency of any applicant for such certificate, either 
by examination or by other satisfactory proof of qualifica- 
tions. The commission may rescind at any time, upon good 
cause being shown therefor, any certificate of competency 
issued by it to an elevator inspector, or may at any time, 

14—32683 



210 BUREAU OF LABOR STATISTICS. 

upon good cause being shown therefor, and after notice and 
an opportunity to be heard, revoke any permit to operate 
such elevator. Nothing contained in this act shall be con- 
strued to limit the authority of the commission to prescribe 
or enforce general or special safety orders. 
Fees for ^ EC * ^* ^ ne commission may fix and collect such fees for 
inspec- the inspection of elevators as it may deem necessary, not to 
10n# exceed two dollars for each inspection or four dollars per year 
for each elevator. Such fees must be paid before the issuance 
of any permit to operate such elevator. No fee shall be 
charged by the commission where an inspection has been 
made by an inspector of any insurance company or munici- 
pality, if such inspector holds a certificate of competency 
from said commission. All fees collected by the commission 
under this act shall be paid into the accident prevention 
fund. 
Report ^ EC * ®' Every inspector so certified shall forward to the 
commission, on the forms provided by it, within twenty-one 
days after such inspection is made, a report of such inspec- 
tion, in default of which his certificate of competency may 
be canceled. 

CHAPTER 108. 
Bonds and photographs — Employers to pay for. 
An act to require employers to pay the cost of bonds and 
photographs required of and furnished by employees or 
applicants for employment. 

[Approved April 20, 1917.] 
The people of the State of California do enact as follows: 
Employer Section 1. Whenever a bond or photograph of an 
f° P h y a employee or applicant for employment is required by any 
' employer of labor, said employer shall pay the cost of such 
bond or photograph. 
Penalty Sec. 2. Any person violating any provision of this act 
shall be guilty of a misdemeanor, punishable by a fine not 
less than twenty-five dollars nor exceeding five hundred 
dollars. 
Enforce- Sec. 3. The commissioner of the bureau of labor statistics 
ment. f the State of California shall enforce the provisions of this 
act. 






STATUTES NINETEEN SEVENTEEN. 211 

CHAPTER 141. 
Coercing employees — Purchasing. 

An act prohibiting employers of labor from coercing em- 
ployees in the purchase of things of value, and prescribing 
a penalty for the violation of the provisions hereof. 
[Approved April 26, 1917.] 

The people of the State of California do enact as follows: 

Section 1. It shall be unlawful for any employer of labor, unlaw- 
or any officer, agent or employee of any employer of labor to J ul to 
make, adopt or enforce any rule or regulation compelling or employee 
coercing any employee to patronize said employer, or any to P at - 
other person, firm or corporation, in the purchase of any em- 
thing of value ; provided, however, that nothing herein shall Ployer. 
be interpreted as prohibiting any employer of labor from 
prescribing the weight, color, quality, texture, style, form 
and make of uniforms required to be worn by their employees. 

Sec. 2. Any person, whether as an individual, or as an penalty, 
agent or employee of a firm, or as an officer, agent or 
employee of a corporation, who shall violate any of the pro- 
visions of this act, shall be guilty of a misdemeanor, and upon 
conviction thereof shall be punished by a fine not exceeding- 
one hundred dollars or by imprisonment in the county jail 
for a term not exceeding six months, or by both such fine 
and imprisonment. 

CHAPTER 164. 

Prison-made goods — Labeling. 

An act requiring the labeling of articles offered for sale and 
intended for personal wear, manufactured in state peniten- 
tiaries, reform schools or other institutions supported at 
public expense, and requiring that notice that such goods 
are on sale, shall be conspicuously posted in places where 
said goods are offered for sale. 

[Approved May 5, 1917.] 

The people of the State of California do enact as folloivs: 

Section 1. No person, persons, firm or corporation, by Articles 

themselves, their agents or employees shall sell, offer for sale m " st , b , e 

or expose for sale, or have in his or their possession for sale, 



212 BUREAU OF LABOR STATISTICS. 

any article intended for personal wear which was manufac- 
tured at a state penitentiary, state reform school or at any 
other institution supported at public expense and located 
without the boundaries of the State of California, unless 
said article shall have affixed, stamped or imprinted thereon, 
a label in letters three-eighths of an inch in height, designat- 
ing the state penitentiary, state reform school or other public 
institution, where said article was manufactured. 
Manu- Sec. 2. No person, persons, firm or corporation, by them- 

factured selves, their agents or employees shall sell, offer for sale or 

articles . 

for sale, expose for sale, or have in his or their possession for sale, 

any article intended for personal wear which was manu- 
factured at a state penitentiary, state reform school or at 
any other institution supported at public expense and located 
without the boundaries of the State of California unless 
there is kept on exhibition in a conspicuous place, where 
said article is exposed or offered for sale, a notice at least 
twelve inches in length by six inches in height, stating that 
goods so manufactured are on sale there. 
Penalty. Sec. 3. Whoever shall knowingly violate any of the pro- 
visions or sections of this act shall be deemed guilty of a 
misdemeanor, and shall, upon conviction thereof, be punished 
for the first offense by a fine of not less than twenty dollars 
nor more than one hundred dollars; or by imprisonment in 
the county jail for not less than ten days and not exceeding 
thirty days ; and for each subsequent offense by a fine of not 
less than fifty dollars nor more than two hundred dollars, 
or by imprisonment in the county jail for not less than twenty 
days nor more than one hundred days, or by both such fine 
and imprisonment, at the discretion of the court. 
Duty of Sec. 4. It shall be the duty of the district attorney of 
district each and every county in this state, upon application, to 
orney. atten( j to ^ prosecution in the name of the people of any 
action brought for the violation of any of the provisions of 
this act within his district. 



STATUTES NINETEEN SEVENTEEN. 213 

CHAPTER 172. 

Gratuities — Prohibiting employers or agents receiving 
from employees. 

An act to prohibit employers or certain agents or representa- 
tives of employers from demanding or receiving any money 
or other consideration from an employee as a condition of 
employment or of continuing to perform services in such 
employment; and to provide for the enforcement of this 
act by the commissioner of the bureau of labor statistics; 
and to provide a penalty for the violation thereof; and to 
repeal an act entitled "An act to forbid managers, super- 
intendents, foremen and other persons having authority 
from their respective employers to hire, employ, or direct 
the services of other persons in such employments, to 
demand or receive any fee, gift or other remuneration in 
consideration of any such hiring, employment or permission 
to continue to perform work or services in such employ- 
ment; and to provide for the enforcement of this act by 
the commissioner of the bureau of labor statistics,'' 
approved April 12, 1915. 

[Approved May 5, 1917.] 
The people of the State of California do enact as folloios: 

Section 1. Any employer or agent or representative ofEm- 
an employer or other person having authority from his]^.^ 
employer to hire, employ or direct the services of other gifts, 
persons in the employment of said employer, who shall ^Jgj. of 
demand or receive directly or indirectly from any person misde- 
then in the employment of said employer, any fee, gift O r meanor ' 
other remuneration or consideration, or any part or portion 
of any tips or gratuities received by such employee while 
in the employment of said employer, in consideration or as 
a condition of such employment or hiring or employing any 
person to perform such services for such employer or of 
permitting said person to continue in such employment, is 
guilty of a misdemeanor and upon conviction thereof shall 
be fined not more than three hundred ($300.00) dollars for 
such offense, or by imprisonment for not more than six 
months or by both fine and imprisonment. All fines imposed 



214 BUREAU OF LABOR STATISTICS. 

or collected under provision of this act shall be paid into 

the state treasury and credited to the contingent fund of 

the bureau of labor statistics. 

Employ- Sec. 2. Nothing contained in this act shall be construed 

agencies to a PPl y to employment agencies or employment agents 

ex- licensed and operating under the laws of the State of 

cepted. n ,., 

California. 

Enforce- Sec. 3. This act shall be enforced by the commissioner 

ment. £ t j ie ^ ureau f labor statistics. 

Sec. 4. An act entitled "An act to forbid managers, 
superintendents, foremen and other persons having authority 
from their respective employers to hire, employ, or direct 
the services of other persons in such employments to demand 
or receive any fee, gift, or other remuneration in considera- 
tion of any such hiring, employment or permission to con- 
tinue to perform work or services in such employment; and 
to provide for the enforcement of this act by the commissioner 
of the bureau of labor statistics," approved April 12, 1915, 
and designated chapter fifty-six of the statutes of 1915, is 
hereby repealed. 

CHAPTER 202. 

Steam boilers — Inspection. 

An act to provide for the periodical inspection of steam 
boilers, with certain exceptions, operated in this state; 
requiring a permit, to be issued by the industrial accident 
commission, for the operation of such boilers; making it 
a misdemeanor to operate such boilers without such per- 
mit; and allowing an injunction against such operation 
without such permit where dangerous to the life or safety 
of employees ; providing for a hearing before the industrial 
accident commission prior to refusal of a permit; providing 
for the determination of competency of inspectors making 
such inspections and requiring reports of inspections ; and 
prescribing maximum fees for such inspections. 
[Approved May 9, 1917.] 
The people of the State of California do enact as follows: 
Permit Section 1. No steam boiler, unless exempted in the fol- 
required i ow j n g section, shall be operated in the State of California 
operate unless there shall have been issued for the operation of such 
boiler boiler a permit, as hereinafter provided, and unless such 



STATUTES NINETEEN SEVENTEEN. 215 

permit shall remain in full force and effect. Such permit 
must be posted under glass in a conspicuous place on or near 
the boiler covered by it. The violation of this section by Viola- 
any person owning or having the custody, management or tion * 
operation of such boiler without such permit shall be a mis- 
demeanor and the operation of such boiler without such 
permit shall constitute a separate offense for each day that 
it shall be so operated ; provided, that no prosecution shall 
be maintained where the issuance or renewal of such permit 
shall have been requested and shall remain unacted upon. 
If the operation of such boiler without such permit shall Injunc- 
constitute a serious menace to the lives or safety of persons sJ^inins 
employed about it, the industrial accident commission, a opera- 
commissioner or any safety inspector thereof, or any person 
affected thereby, may apply to the superior court of the 
county in which such boiler is situated for an injunction 
restraining the operation of said boiler until such condition 
shall be corrected or such permit secured. The certification 
of the industrial accident commission that no permit exists 
for the operation of such boiler, and the affidavit of any such 
inspector that its operation constitutes a menace to the life 
or safety of any person or persons employed about it, shall 
be sufficient proof to warrant the immediate granting of a 
temporary restraining order. 

Sec. 2. The following boilers are exempt from the pro- 
visions of this act : 

(1) Boilers under the jurisdiction or inspection of the Boilers 
United States government, and all other boilers operated by exempt, 
employers not subject to the workmen's compensation, insur- 
ance and safety act of 1917, and acts amendatory thereof. 

(2) Boilers of twelve horsepower or less, on which the 
pressure does not exceed fifteen pounds per square inch. 

(3) Automobile boilers and boilers on road motor vehicles. 
Sec. 3. The industrial accident commission shall cause to 

be inspected, internally and externally, not less frequently 
than once in each year, every steam boiler subject to the pro- 
visions of this act. If such boiler be found upon such inspec- 
tion to be in a safe condition for operation, a permit shall be 
issued by the commission for its operation for not longer than 



216 BUREAU OF LABOR STATISTICS. 

one year, which shall be the permit referred to in section one 
of this act. If any such inspection shall show such boiler to 
be in an unsafe or dangerous condition, the commission, or a 
commissioner, may issue a preliminary order requiring such 
repairs or alterations to be made to such boiler as may be 
necessary to render it safe, and may order the use of such 
boiler discontinued until such repairs or alterations are made 
Hearing, or such dangerous or unsafe conditions are remedied. Unless 
such preliminary order be complied with, a hearing before the 
commission, a commissioner or referee of such commission, 
shall be allowed, upon request, at which the owner, operator 
or other person in charge of said boiler shall have oppor- 
tunity to appear and show cause why he should not comply 
with said order. If it shall thereafter appear to the com- 
mission that such boiler is unsafe and that the requirements 
contained in said preliminary order should be complied with, 
or that other things should be done to make said boiler safe, 
the commission may order or confirm the withholding of the 
permit to operate said boiler, and may make such require- 
ments as it deems proper for the repair or alteration of said 
boiler, or the correction of such dangerous and unsafe con- 
ditions. Such order may thereafter be reheard by the com- 
mission, or reviewed by the courts, in the manner specified 
by the workmen's compensation, insurance and safety act of 
Tempo- 1917 for safety orders, and not otherwise. It may also, in 
permits its discretion, issue and renew temporary permits for not to 
exceed thirty days each, pending the making of replacements 
or repairs. Nothing contained in this act shall be construed 
to limit the authority of the commission to prescribe or 
enforce general or special safety orders. 
Who Sec. 4. The commission may cause the inspection herein 

infect P r °vided for to be made either by its safety inspectors or by 
any qualified boiler inspector employed by any county, city 
and county, city, or insurance company, or by any boiler 
inspector employed by any person or corporation for the 
purpose of testing his own boilers only; provided, that such 
persons making inspections other than such safety inspectors 
shall first secure from the said industrial accident commission 
a certificate of competency to make such inspections. The 



STATUTES NINETEEN SEVENTEEN. 217 

industrial accident commission is hereby vested with full 
power and authority to determine the competency of any 
applicants for such certificate, either by examination or by 
other satisfactory proof of qualifications. The commission certifi- 
may rescind at any time, upon good cause being shown there- cate of 
for, any certificate of competency issued by it to a boiler tency. 
inspector, or may at any time, upon good cause being shown 
therefor, and after notice and an opportunity to be heard, 
revoke any permit to operate such steam boiler. 

Sec. 5. The industrial accident commission shall fix and Fees, 
collect fees for the inspection of steam boilers covered by this 
act, not exceeding two dollars and fifty cents for each external 
inspection and seven dollars and fifty cents for each internal 
inspection per annum. Such fees must be paid before the 
issuance of any permit to operate the said boiler. No fee 
shall be charged by the industrial accident commission where 
an inspection, as herein provided, has been made by an 
inspector holding a certificate of competency from said 
commission and employed by any county, city and county, 
city, insurance company, or by any person or corporation 
for the purpose of testing his own boilers only. All fees 
collected by the commission under this act shall be paid into 
the accident prevention fund. 

Sec. 6. Every inspector so certified shall forward to the Report 
commission on the forms provided by it, within twenty-one of in ". 
days after such inspection is made, a report of such inspec- 
tion, in default of which the certificate of competency may 
be canceled. 

CHAPTER 574. 

Wages — Semimonthly pay day for laborers in certain 
counties. 

An act to provide for semimonthly pay days of laborers in the 
employ of any county of the first or second class. 
[Approved May 22, 1917.] 
The people of the State of California do enact as follows: 

Section 1. The wages of all employees of any county of Semi- 
the first or second class, whose compensation is based on™° nthly 
a daily rate of payment, shall be paid at not less than two days. 



218 BUREAU OF LABOR STATISTICS. 

stated times in each calendar month, and at substantially 
equal intervals. 
Penalty. Sec. 2. Any officer, employer or agent of any county of 
the first or second class, or of any department or institution 
thereof, who fails, refuses or neglects to comply with the 
requirements of this act, in so far as the payments are 
prescribed or controlled by him, is guilty of a misdemeanor. 

CHAPTER 745. 

Towels — Common use prohibited. 

An act to prevent the keeping of towels for common use in 

public places and prescribing penalties for violations of the 

provisions thereof. 

[Approved June 1, 1917.] 

The people of the State of California do enact as follows: 

Towel Section 1. No person, firm or corporation conducting, 

monuse operating, having charge of, or control of, any hotel, res- 

unlaw- taurant, factory, store, barber shop, office building, school, 

public hall, railroad train, railway station, boat, or any other 

public place, room or conveyance, shall maintain or keep in 

or about any such place any towel for common use. 

Common Sec. 2. For the purpose of this act the term "common 

use" when applied to a towel shall be defined as its use by, 

or for, more than one person without its being laundered by 

a process involving exposure to boiling water or steam 

between consecutive uses of such towel ; provided, that the 

state board of health may by resolution prescribe other 

acceptable methods of sterilization which may be used in 

place of the methods specified in this act. 

Duty of Sec. 3. It shall be the duty of the state board of health 

health 

officers. an d °f a *l health officers of counties, municipalities and health 

districts, to enforce the provisions of this act. 

Penalty. g Ea 4 ^ ny person, firm or corporation violating any of 

the provisions of this act is guilty of a misdemeanor and 

shall be liable to a fine not exceeding twenty-five dollars for 

each offense. 






use 

defined, 



STATUTES NINETEEN SEVENTEEN. 219 

CHAPTER 747. 

Service letters — Public utilities to furnish. 

An act to provide for the furnishing by public utility cor- 
porations, to employees thereof leaving their service, of 
service letters. 

[Approved June 1, 1917.] 

The people of the State of California do enact as follows: 

Section 1. Every public utility corporation shall, upon Service 

letters 
request therefor made to it by any employee thereof leaving by 

its service, give to such employee a letter covering and stating corpo- 

the period during which such service was and kind of service 

rendered to such corporation by such employee. 

Sec. 2. Every public utility corporation violating the pro- Penalty. 

visions of this act shall, for each offense, suffer a fine of not 

less than twenty-five dollars, nor more than one hundred 

dollars ; which fine shall be collected by the district attorney 

of the county in which such corporation has its principal place 

of business. 

CHAPTER 783. 

Hours of rest — Employees of municipal corporations. 

An act providing for hours of rest for persons employed by 
municipal corporations during more than one hundred 
twenty hours per week, and prescribing penalties for viola- 
tions hereof. 

[Approved June 1, 1917.] 

The people of the State of California do enact as follows: 

Section 1. Any person in the employ of a municipal Munici- 

corporation and whose hours of labor exceed one hundred P&1 em - 

ployees 
twenty hours in a calendar week of seven days, shall be entitled 

entitled to be off duty at least three hours during every to ^ est 

twenty-four hours for the purpose of procuring meals and no 

deduction of salary shall be made by reason thereof. 

Sec. 2. Any officer or agent of a municipal corporation penalty. 

having supervision and control of the employees referred to in 

section one hereof who shall violate the provisions hereof 

shall be guilty of a misdemeanor and shall be punishable as 

provided in section nineteen of the Penal Code, 



220 BUREAU OF LABOR STATISTICS. 



DIGEST OF APPRENTICE LAWS. 



Who may indenture. — A minor of fourteen years of age or over 
may be bound by his father, or by his mother or guardian in case 
of the father's death or incompetency, or where the father has 
wilfully abandoned his family, for one year without making suitable 
provision for their support, or is habitually intemperate or is a 
vagrant ; by an executor who by the will of the father is directed 
to bring up the child to a trade or calling ; by the mother alone if 
the child is illegitimate ; or by the judge of the superior court if 
the minor is poor, homeless, chargeable to the county or state, or 
an outcast who has no visible means of obtaining an honest liveli- 
hood. If a minor has no parent or guardian competent to act he 
may, with the approval of the superior court, bind himself. The 
minor's consent must be expressed in the indenture and testified 
to by his signing the same. 

Term. — A male may be bound until twenty-one and a female until 
eighteen years of age. 

Duty of master. — The master must in the case of an orphan or 
homeless minor cause the apprentice to be taught reading, writing, 
and the ground rules of arithmetic, including ratio and proportion, 
must give him the requisite instruction in the different branches of 
his trade, and, at the expiration of his term of service, must give 
him fifty dollars in gold and two new suits of clothes to be worth 
in the aggregate at least sixty dollars. In all cases the master 
must pay and deliver to the apprentice the money, clothes, and 
other property to which he is entitled under the indenture. 

Interference. — It is unlawful to aid, entice, counsel, or persuade 
an apprentice to run away, or to employ, harbor, or conceal him, 
knowing him to be a runaway. 

Sources : Civil Code, sections 264 to 276 ; Penal Code, section 646. 



LABOR LAWS — DIGEST. 221 



DIGEST OF MECHANICS' LIEN LAWS. 



For what given. — A lien may be had to secure payment for labor 
performed or materials furnished in or for the construction, altera- 
tion, addition to, or repair of, any building or other structure ; on 
any railroad, vessel, wharf, bridge, ditch, flume, well, tunnel, fence, 
machinery, wagon road, mine, or mining claim; for labor done in, 
with, about, or upon any threshing machine, engine, wagon, or other 
appliance used in threshing machine, engine, wagon, or other 
appliance used in threshing ; for cutting, hauling, rafting, or draw- 
ing logs, bolts, or other timber ; for grading or improving any town 
lot or the street or sidewalks in front of or adjoining the same ; for 
labor or skill expended for the improvement or safe-keeping or car- 
riage of any article of personal property ; and for service on 
vessels and work done in laundering establishments. 

Who may have lien. — Contractors, subcontractors, materialmen, 
and all persons performing manual labor ; mates and seamen of a 
ship ; laundry proprietors. 

Subject property. — The land upon which any building or improve- 
ment is constructed, or so much as may be required for convenient 
use and occupation, is subject to the lien, if owned by the person 
causing such construction at the commencement of the work, but 
only to the extent of his interest ; vessels and their freightage ; 
threshing machines, engines, wagons, etc. ; logs and other timber ; 
personal property lawfully in the hands of any mechanic, repair 
man, or caretaker ; laundry work. 

Amount of lien. — In general, for the value of the labor done and 
material furnished. A contractor's lien secures the amount named 
in the contract, such lien to operate in favor of all parties claiming 
recovery. No lien, except that of the contractor, may be diminished 
by any indebtedness or set-off in favor of the owner and against 
the contractor. 

Contract. — Contracts involving a sum exceeding one thousand 
dollars must be in writing and must be filed in the office of the 
county recorder. Work must be done at the instance of the owner 
or of his agent, which term includes every contractor, subcon- 
tractor, architect, builder, or any person in charge of any mining 
claim or claims, whether as lessee or otherwise. 



222 BUREAU OF LABOR STATISTICS. 

Work will be presumed to have been done at the instance of the 
owner, unless within ten days after he obtains knowledge of the 
fact that such work is begun or intended he gives notice that he 
will not be responsible for the same. 

Notice. — Notice may be given at any time by any claimant other 
than an original contractor, whereupon it shall be the owner's duty 
to withhold from the contractor an amount equal to the claim made. 
Personal property held under lien, may be sold after two months 
on ten days' notice. 

Filing. — Within ten days after the completion of a contract, or 
within forty days after cessation from labor on any unfinished 
contract, the owner must file a notice setting forth dates and 
descriptions of property, work done, etc., or be estopped from 
making the defense that any lien was filed after the expiration of 
the time fixed. Every original contractor has sixty days, and other 
claimants have thirty days, after the filing of the above notice by 
the owner, in which to file liens. Liens on mining claims and city 
lots must be filed within thirty days after the completion of the 
work. All claims of lien must be filed within ninety days after the 
completion of the work for which they are claimed. 

Limitation. — No lien binds any building, improvement, or mining 
claim for longer than ninety days after filing unless proceedings 
thereon have been commenced ; or if a credit be given, within ninety 
days after such credit expires, which may in no case be longer than 
two years from the time the work was completed. Threshers' liens 
must be proceeded on within ten days and lumbermen's liens within 
thirty days after the completion of the labor for which claim is 
made. Liens on vessels continue for one year. 

Rank. — Mechanics' liens are preferred to any lien or other incum- 
brance attaching subsequently to the commencement of the work 
for- which given ; also to any earlier incumbrance of which the lien- 
holder had no notice and which was unrecorded at such commence- 
ment of work. Such liens have, among themselves, the following 
rank, and require satisfaction in the order named: First, liens of 
persons performing manual labor ; second, liens of persons furnishing 
materials ; third, liens of subcontractors ; fourth, liens of original 
contractors. Liens on vessels are prior to all other claims. 

Sources : Constitution ; Code of Civil Procedure, sections 813 to 
825, 1183 to 1202; Civil Code, sections 3051 to 3065, acts 1911, 
chap. 435. 



LABOE LAWS — DIGEST. 223 



DIGEST OF CONVICT LABOR LAWS. 



Control. — A board of five directors appointed by the governor is 
charged with the management of the state prison and the employ- 
ment of convicts. Monthly inspections by at least three directors 
are directed. 

Boards of county supervisors have jurisdiction of the employment 
of county convicts. 

Systems of employment. — The public-account, state-use, and 
public- wo rks-and- ways systems are adopted. The letting of con- 
tracts for prison labor is forbidden. 

Regulations. — The manufacture of jute fabrics, the crushing of 
rock for road material, and the manufacture of such articles, 
materials and supplies needed in any public institution of the state 
or political subdivision thereof are provided for. At least twenty 
convicts must be employed on the public roads at the state prisons. 

Prison rules prescribe the number of hours of labor required in 
each and every day during a convict's term of imprisonment. 

Punishments may be inflicted only by the order and under the 
direction of wardens. 

Discharged prisoners receive their earnings, if any, and if this 
sum is not sufficient for present needs, each one receives five 
dollars, a suit of clothing, and transportation to the place of 
sentence or other place of equal cost of travel. 

County convicts may be employed on public works and ways, or 
in other places for the benefit of the county. 

Goods. — No convict-made goods may be sold in the state except 
those whose sale is specially sanctioned by law. 

The sale of jute and hemp grain bags is at a price fixed by the 
prison directors on a basis prescribed by statute. 

Crushed rock is sold on orders for highway and other purposes, 
at a price of not less than thirty cents per ton, preference being 
given to orders from the state bureau of highways. 

Manufactured articles, materials and supplies to be sold to public 
institutions at prices to be fixed by prison directors and board of 
control. 

Sources : Constitution ; Penal Code, sections 679a, 1613, 1614, 
pages 890-896; acts of 1907, chapters 317, 473; acts of 1911, 
chapters 56 and 570 ; acts 1913, chapters 585, 588. 



224 BUREAU OF LABOR STATISTICS. 



DECISION UPHOLDING THE CONSTITUTIONALITY OF 
THE CHILD LABOR LAW. 

Supreme Court of California, July 9, 1906. 

(In Bank. Crim. No. 1322.) 

IN THE MATTER OF THE 

APPLICATION OF J. M. SPENCER 

FOR A "WRIT OF HABEAS CORPUS. 

The petitioner was arrested and confined upon a charge of vio- 
lating sections 2 and 4 of the act of February 20, 1905, regulating 
the employment and hours of labor of children and prohibiting the 
employment of illiterate minors and of minors under certain ages. 
(Stats. 1905, p. 11.) The return to the preliminary writ shows 
that the petitioner was arrested and taken into custody upon four 
several complaints, relating to four different children, each com- 
plaint charging him with employing a child under fourteen years 
of age in the workshop and boiler-room of a steamer, the child not 
then having a permit to work from the judge of the juvenile court 
of the county, and the time of such employment not being the time 
of the vacation of the public schools. 

The second clause of section 2 of the act provides that no child 
under fourteen years of age shall be employed in any mercantile 
institution, office, laundry, manufactory, workshop, restaurant, 
hotel, or apartment house, or in the distribution or transmission of 
merchandise or messages ; provided, that upon the sworn statement 
of the parent that the child is over twelve years of age and that the 
parent or parents are unable, from sickness, to labor, the judge of 
the juvenile court, in his discretion, may issue a permit allowing 
such child to work for a specific time ; and provided, further, that 
during the time of the regular vacation of the public schools of the 
city or county, any child over twelve years of age may work at any 
of the prohibited occupations, upon a permit from the principal of 
the school attended by the child during the immediately preceding 
term. Section 4 of the act declares that a violation of any of the 
provisions of the act shall be a misdemeanor. The complaints 
charge violation of these provisions. 



LABOB LAWS — DECISIONS. 225 

Several objections on constitutional grounds are made to the 
validity of the act. It is claimed that it is special law for the pun- 
ishment of crime, where a general law could be made applicable, 
and therefore, contrary to sections 2 and '5'6 of article IV of the 
constitution of California ; that it is not of uniform operation, but 
is discriminatory ; and hence in conflict with sections 11 and 21 of 
article I ; and that it would deprive persons of the right to acquire 
and possess property, thus violating section 1 of article I of the 
state constitution and the fourteenth amendment to tne constitution 
of the United States. 

The presumption always is that an act of the legislature is con- 
stitutional, and when this depends on the existence, or non-existence, 
of some fact, or state of facts, the determination thereof is pri- 
marily for the legislature, and the courts will acquiesce in its 
decision, unless the error clearly appears. (Bourland vs. Hildreth, 
26 Cal. 184 ; University vs. Bernard, 57 Cal. 612 ; In re Madera lrr. 
Dist., 92 Cal. 310; Sinking Fund Cases, 99 U. S. 718; Tiedman on 
Police Power, Vol. I, p. 10, note ; Cooley, Const. Lim., 7th ed., 228.) 

"Every possible presumption is in favor of the validity of a 
statute, and this continues until the contrary is shown beyond a 
rational doubt. One branch of the government can not encroach on 
the domain of another without danger. The safety of our institu- 
tions depends in no small degree on a strict observance of this 
salutary rule." {Sinking Fund Cases, supra.) 

"The delicate act of declaring an act of the legislature uncon- 
stitutional and void should never be exercised unless there is a 
clear repugnance between the statute and the organic law. * * * 
In a doubtful case the benefit of the doubt is to be given to the 
legislature ; but it is to be remembered that the doubt to which this 
rule of construction refers is a reasonable doubt as distinguished 
from vague conjecture or misgivings." (Bourland vs. Hildreth, 
supra.) 

From their tender years, immature growth, and lack of experi- 
ence and knowledge, minors are more subject to injury from exces- 
sive exertion and less capable of self-protection than adults. They 
are therefore peculiarly entitled to legislative protection, and form 
a class to which legislation may be exclusively directed without 
falling under the constitutional prohibitions of special legislation 
and unfair discrimination. 

15—32683 



226 BUBEAU OF LABOR STATISTICS. 

The first objection to the validity of the part of the section above 
stated is that it is discriminatory and specially because it does not 
prohibit such employment of minors in all occupations, but only 
in those specially mentioned ; that work at other places, of which 
saloons, barber shops, railroads, ferries, and warehouses are specified 
by counsel as instances, would be equally injurious, and that in 
order to be general and uniform they should be included in the 
prohibition. The objection is twofold : first, that the legislation 
constitutes an unfair discrimination against: the particular trades 
mentioned ; second, that it unduly and without reasonable cause 
restricts the right of minors to work at any and every occupation 
in which they may wish to engage. There is nothing in the act to 
indicate a purpose on the part of the legislature to make use of the 
laudable object of protecting children as a mere pretense under 
which to impose burdens upon some occupations or trades and 
favor others. It appears to have been framed in good faith and 
for the purpose of promoting the general welfare by protecting 
minors from injury by overwork and facilitating their attendance at 
schools. The legislature may undoubtedly forbid the employment of 
children under the age of fourteen years at any regular occupation 
if the interests of the children and the general welfare of society 
will be thereby secured and promoted. The power to forbid their 
employment in certain occupations and not in all depends on the 
question whether or not any appreciable number of children are 
employed in the callings not forbidden, and whether or not those 
callings are injurious to them, or less injurious than those forbidden. 
If certain occupations are especially harmful to young children and 
others are not so, there can be no serious doubt that it is within the 
power of the legislature to forbid their employment in one class and 
permit it in the other. The difference in the results would justify 
the clasification with a view to the difference in the legislation. 
Also, if children are employed in certain occupations to their injury 
and are not employed at all in others, or so infrequently that the 
number is inappreciable and insignificant, the occupations regularly 
employing them have no ground to complain of discrimination. 
They compose the entire class to which the legislation is directed, 
the class which causes the injury to be prevented. And upon the 
facts assumed neither the children engaged in the occupation in 
which they are employed nor the persons would be affected by the 



LABOR LAWS — DECISIONS. 227 

prohibition as to other occupations. The preliminary questions as to 
the effect of the specified occupations on the children and the number 
of children engaged therein, are questions of fact for the legislature 
to ascertain and determine. It has determined that the facts exist 
to authorize the particular legislation. If any rational doubt exists 
as to the soundness of the legislative judgment upon the existence 
of the facts, that doubt must be resolved in favor of the legislative 
action and the law must accordingly be held to be valid in these 
respects. The specifications of forbidden callings are broad and 
comprehensive. Even if these, which as counsel assert, are omitted 
from the classification, we can not say that a saloon is not a 
"mercantile institution, " it being a place where merchandise is sold ; 
nor that a barber shop is not a "workshop," it being a place where 
a handicraft is carried on ; nor that ferries and railroads are not 
engaged in the "distribution or transmission of merchandise or 
messages." At all events, in view of the rule that a statute must 
be liberally construed to the end that it may be declared constitu- 
tional rather than unconstitutional (People vs. Hayne, 83 Cal. 
117 ; 26 Am. & Eng. Encyc. of Law, 640) , we would not give the 
description of forbidden occupations this narrow construction in 
order to make the law invalid. The decision of the legislature that 
the specified occupations are more injurious to children than others 
not mentioned and hence the subject of special regulation, and that 
they constitute practically all the injurious occupations in which 
children are employed at all, and therefore the only cases in which 
regulation is needed, is not so manifestly incorrect, not so beclouded 
with doubt concerning its accuracy, as to justify the court in 
declaring it unfounded and the law, consequently, invalid. 

There is a proviso to this clause of the section, to the effect that 
if either parent of such child makes a sworn statement to the judge 
of the juvenile court of the county, that the child is over twelve 
years of age, and that the parent or parents are unable, from 
sickness, to labor, such judge, in his discretion, may issue a permit 
allowing such child to work for a time to be specified therein. 
There is no force to the objection that this discriminates against 
orphans and abandoned children. The exception allowed by the 
proviso is not made for the direct benefit of the child, but for the 
sick parent. It is a burden put upon the child because of the 
special necessity of his case which justifies the different provision 
respecting him. The legislature deems the necessity of allowing 



228 BUREAU OF LABOR STATISTICS. 

the child to work to aid in the support of the sick parent, sufficient 
to outweigh the benefits which would otherwise accrue from the 
education and protection of the child during such inability. If 
there are no parents whose necessities the child's labor could alle- 
viate, the reason for this exception is wanting. The provision 
seems a reasonable one in view of the conditions upon which, alone, 
it can apply. 

There is a further proviso or exception, to the effect that any 
child over twelve years old may work at the prohibited occupations 
during the time of the regular vacations of the public schools of 
the city or county, upon a permit from the principal of the school 
attended by the child during the term next preceding such vaca- 
tion. This does not, as counsel contends, give the principals of the 
public schools the exclusive power to give the contemplated permits. 
Its true meaning is that the permit is to be given by the principal 
of the school which the child has attended, whether the school is 
public or private, but that it can extend only to the time of the 
public school vacation. This act was approved February 20, 1905. 
Its provisions relating to attendance jpon schools, and those of 
section 1 of the act of March 24, 1903 (Stats. 1903, 388), with 
the amendment of March 20, 1905 (Stats. 1905, 388), to said sec- 
tion 1 must be considered together. The act of 1903, in effect, 
requires all children to attend, either the public schools, or a private 
school, during at least five months of the time of the sessions of the 
public schools. The amendment of March 25, 1905, extends the 
time of such compulsory attendance so as to embrace the whole 
period of the public school session. Therefore, if the parents, 
guardians, or custodians of a child choose to send it to a private 
school, it must attend thereon at least during the time the public 
schools are in session. A permit may then be obtained for it to 
work during the vacation of the public schools, if its interests or 
necessities so require, without subjecting it to conditions substan- 
tially different from those affecting the children attending the public 
schools. There is no discrimination. The legislature has the power 
to make such reasonable regulations as these with respect to the 
time of the vacation of schools, whether public or private, in the 
interest of the public welfare and the welfare of the children. 



LABOB LAWS — DECISIONS. 229 

A third clause of section 2 declares that no child under sixteen 
years of age shall work at any gainful occupation during the hours 
that the public schools are in session, unless such child can read 
English at sight and write simple English sentences, or is attend- 
ing night school. The first clause of section 2 provides that no 
minor under sixteen shall work in any mercantile institution, office, 
laundry, manufacturing establishment, or workshop, between ten 
o'clock in the evening and six o'clock in the morning. Section 5 
of the act further provides that nothing in the act is to be con- 
strued to prevent the employment of minors at agricultural, viticul- 
tural, horticultural or domestic labor, during the time the public 
schools are not in session, or during other than school hours. The 
petitioner's contention with respect to the first and last clause of 
section 2 is that they constitute such important parts of the statute 
that it can not be presumed that the legislature would have adopted 
the other parts thereof if it had been aware of the invalidity of 
these particular provisions and hence the whole act must fall. We 
can not accede to this proposition. They are separable and inde- 
pendent provisions and are not so important to the entire scheme 
as to justify us in concluding that the legislature would have 
refused to adopt the other parts without these, and thereby to 
declare the entire statute invalid. 

Nor can it be conceded that these provisions are invalid. The 
principles already discussed apply with equal force to the first 
clause of the section. The proviso concerning illiterate children is 
a reasonable regulation to prevent those having control of such 
children from working them to such an extent as to hinder them 
from acquiring, or endeavoring to acquire, at least the beginning of 
an education before arriving at the age of sixteen years. The 
exemption of domestic labor and the several kinds of farming from 
the operation of the act is not an unreasonable discrimination. 
Such work is generally carried on at the home and as a part of 
that general home industry which should not be too much dis- 
couraged, and it is usually under the immediate care and super- 
vision of the parents or those occupying the place of parents, and 
hence is not liable to cause so much injury. These circumstances 
distinguish them from the prohibited industries and is a sufficient 
reason for the exemption. 

We find no reasonable ground for declaring the law invalid. 



230 BUREAU OF LABOR STATISTICS. 

The petition is denied and the petitioner remanded to the custody 
of the officer. 

SHAW, J. 

We concur: 

Sloss, J. ; Angellotti, J. ; Lorigan, J. ; Beatty, C. J. 
McFarland, J., concurring: 

I concur in the judgment, and in what is said by Mr. Justice 
Shaw in his opinion ; but I do not concur in some of the quota- 
tions which he makes from other cases, and particularly in that 
quotation in which it is stated that the presumption in favor of 
the validity of the statute "continues until the contrary is shown 
beyond a rational doubt." That is, in my opinion, too strong a 
statement of a rule. 

McFARLAND, J. 



LABOR LAWS — DECISIONS. 231 

DECISION UPHOLDING THE CONSTITUTIONALITY OF 
SECTION 273, PENAL CODE. 

Supreme Court of California, July 9, 1906. 
(In Bank. Crim. No. 1331.) 

IN THE MATTER OF THE 

APPLICATION OF HENRY WEBER 

FOR A WRIT OF HABEAS CORPUS. 

The petitioner was arrested and confined for an alleged violation 
of section 273 of the Penal Code. The return shows that he is in 
custody upon separate complaints relating to different children. 
Each complaint charges that the defendant did wilfully and unlaw- 
fully take, receive, hire, employ and use a certain male child, 
naming him, under the age of sixteen years, in the business of 
scaling the boilers of a steamer, the said business being then and 
there dangerous to the life and limb of said child. The petition 
for a writ of habeas corpus is based upon the proposition that the 
law under which the complaint was made is unconstitutional and 
void. Section 273 refers to the preceding section 272, and it is 
necessary to state the substance, at least of both sections. 

Section 272, so far as material, is as fellows : "Any person 
* * * having the care, custody, or control of any child under 
the age of sixteen years, who exhibits, uses, or employs, or in any 
manner, or under any pretense, sells, apprentices, gives away, lets 
out, or disposes of any such child to any person, * * * for or 
in any business, exhibition, or vocation, injurious to the health, or 
dangerous to the life or limb of such child, or in or for the vocation, 
occupation, service, or purpose of singing, playing on musical instru- 
ments, rope or wire walking, dancing, begging, or peddling, or as a 
gymnast, acrobat, contortionist, or rider, in any place whatsoever, 
o: for or in any obscene, indecent or immoral purposes, exhibition 
or practice whatsoever, or for or in any mendicant or wandering 
business whatsoever, or who causes, procures, or encourages such 
child to engage therein, is guilty of a misdemeanor. * * * 
Nothing in this section contained applies to or affects the employ- 
ment or use of any such child, as a singer or musician in any 
church, school, or academy, or the teaching or learning of the 
science or practice of music ; or the employment of any child as a 



232 BUREAU OF LABOR STATISTICS. 

musician at any concert or other musical entertainment, on the 
written consent of the mayor of the city or president of the board 
of trustees of the city or town where such concert or entertainment 
take place." (Stats. 1905, p. 759.) 

Section 273 is as follows: "Every person who takes, receives, 
hires, employs, uses, exhibits, or has in custody, any child under 
the age, and for any of the purposes mentioned in the preceding 
section, is guilty of a like offense and punishable by a like pun- 
ishment as there in provided." (Stats. 1905, p. 759.) 

The contention of the petitioner is that these provisions contain 
an arbitrary and unreasonable classification, and, consequently, not 
of uniform operations, and that it constitutes a special law for the 
punishment of crimes, where a general law could be made applicable. 
It is said that only a certain portion of the minor children of the 
state are affected by the act, namely, those who are under sixteen 
years of age, and that this is an arbitrary discrimination between 
those who are over that age and those who are under that age ; 
that any child over the age may enjoy his natural privilege of 
working for his own support as he pleases, while those under that 
age are prohibited therefrom. There is no sound reason for any 
such criticism. The same reasoning might be applied to a large 
number of laws which are universally conceded to be valid and 
constitutional. The law providing that a male person under twenty- 
one years of age is a minor, subject to the legal disabilities of 
minority, might be rendered unconstitutional by the same process 
of reasoning. It is competent for the legislature to provide regula- 
tions for the protection of children of immature years. The growth 
of a child is gradual and the age of maturity varies with different 
children. It is impossible for any person to fix the exact time when 
a child is capable of protecting itself. The legislative judgment in 
regard to the age at which such regulations shall become applicable 
to the child can not be interfered with by the courts. 

It is also stated that the law makes an unfair discrimination by 
allowing the employment of children as singers or musicians in 
churches, schools, or academies. The ground of this objection is 
that such employment, so far as the court can see, may be as 
injurious to the health or morals or as dangerous to the life or limb 
of the child as those which are prohibited in the law, and that no 
prohibition is lawful under the constitution unless it extends to all 
employments which are equally injurious. In matters of this kind 



LABOR LAWS — DECISIONS. 233 

the legislature has large discretion. It must determine the degree 
of injury to health and morals which the different kinds of employ- 
ment inflict upon the child, and the corresponding necessity for 
protecting the child from the effects thereof, and unless its decision 
in that regard is manifestly unreasonable, there is no ground for 
judicial interference. We do not think the law in question so 
unreasonable as to require us to hold it unconstitutional. 

The petition is denied and the petitioner is remanded to the 
custody of the officer. 

SHAW, J. 

We concur: 

Sloss, J. ; Angellottt, J. ; Henshaw, J. ; McFaeland, J. ; 
Lobigan, J. ; Beatty, C. J. 



234 BUEEAU OF LABOB STATISTICS. 



DECISION UPHOLDING THE CONSTITUTIONALITY OF 

THE EIGHT-HOUR LAW IN UNDERGROUND 

MINES AND SMELTERS. 

Supreme Court of California, December 23, 1909. 

(In Bank. Crim. No. 1539.) 

IN THE MATTER OP THE ) 

APPLICATION OP FRED J. MARTIN ' 
FOR A WRIT OF HABEAS CORPUS. j 

Upon the application of Fred J. Martin, a writ of habeas corpus 
was issued by this court. Martin has been arrested upon a charge 
of violating the terms of a statute entitled "An act regulating the 
hours of employment in underground mines and in smelting and 
reduction works" (Stats. 1909, p. 279, chap. 181), approved 
March 10, 1909. The provisions of the act are as follows : 

Section 1. That the period of employment for all persons who 
are employed or engaged to work in underground mines in search of 
minerals, whether base or precious, or who are engaged in such 
underground mines for other purposes, or who are employed or 
engaged in other underground workings whether for the purpose of 
tunneling, making excavations or to accomplish any other purpose 
or design, or who are employed in smelters and other institutions 
for the reduction or refining of ores or metals, shall not exceed eight 
hours within any twenty-four hours, and the hours of employment 
in such employment or work day shall be consecutive, excluding, 
however, any intermission of time for lunch or meals ; provided,, that 
in the case of emergency where life or property is in imminent 
danger, the period may be a longer time during the continuance of 
the exigency or emergency. 

Sec. 2. Any person who shall violate any provision of this act, 
and any person who as foreman, manager, director or officer of a 
corporation, or as the employer or superior officer of any person, 
shall command, persuade or allow any person to violate any pro- 
vision of this act, shall be guilty of a misdemeanor and upon con- 
viction shall be punished by a fine of not less than fifty dollars 
($50.00) nor more than three hundred dollars ($300.00), or by 
imprisonment of not more than three months. And the court shall 
have discretion to impose both fine and imprisonment as herein 
provided. 

Sec. 3. All acts and parts of acts inconsistent with this act are 
hereby repealed. 

It is not questioned by the petitioner that the complaint which 
furnished the basis for his arrest stated a violation of the terms of 
the act. His position is, however, that the act is void as being in 
contravention of constitutional provisions. 



LABOR LAWS — DECISIONS. 235 

The ground of attack usually advanced in cases of this character, 
namely, that the statute is in conflict with the guaranties of the 
fourteenth amendment to the constitution of the United States, is 
not here urged. Indeed, such contention is hardly open to the 
petitioner in view of the decision in H olden vs. Hardy, 169 U. S. 366, 
18 Sup. Ct. 383, 42 L. Ed. 780, where the Supreme Court of the 
United States decided that a statute of Utah, substantially identical 
in its main features with the one before us, did not deprive persons 
affected by it of any right conferred by the federal constitution. 
Conceding the binding force of that decision as an adjudication of 
all federal questions involved, the petitioner here bases his claim to 
immunity from prosecution upon certain provisions of the constitu- 
tion of this state. 

Before proceeding to a consideration of the particular points 
made in this connection, it may be well to briefly state the basis of 
the decision in Holden vs. Hardy, since, in our opinion, the points 
there decided go far toward answering the main objections predi- 
cated upon the state constitution. The right on the part of the 
state to restrict the freedom of citizens to make contracts concern- 
ing their callings or occupations was there upheld with respect to 
the particular callings covered by the Utah statute, i. e., mining and 
working in smelting and reduction works, upon the ground that the 
restriction in question was a proper exercise of the police power for 
the preservation of the public health. "The right of contract," 
says the court, "is itself subject to certain limitations which the 
state may lawfully impose in the exercise of its police powers. 
While this power is inherent in all governments, it has doubtless 
been greatly expanded in its application during the past century, 
owing to an enormous increase in the number of occupations which 
are dangerous, or so far detrimental to the health of employees as 
to demand special precautions for their well-being and protection, 
or the safety of adjacent property. While this court has held 
* * * that the police power can not be put forward as an excuse 
for oppressive and unjust legislation, it may be lawfully resorted 
to for the purpose of preserving the public health, safety, or morals, 
or the abatement of public nuisances, and a large discretion is 
necessarily vested in the legislature to determine, not only what 
the interests of the public require, but what measures are necessary 
for the protection of such interests." Again, in the same opinion, 
it is said that : "While the general experience of mankind may 



236 BUREAU OF LABOR STATISTICS. 

justify us in believing that men may engage in ordinary employ- 
ments more than eight hours per day without injury to their health, 
it does not follow that labor for the same length of time is innocu- 
ous when carried on beneath the surface of the earth, where the 
operative is deprived of fresh air and sunlight, and is frequently 
subjected to foul atmosphere and a very high temperature, or to 
the influence of noxious gases, generated by the processes of refining 
or smelting." The right to limit the hours of labor generally was 
not involved in H olden vs. Hardy. No such right was asserted. It 
was, however, decided that the particular occupations affected by 
the act possessed such elements of danger and risk to the employee 
that the legislature might reasonably conclude that in such occupa- 
tions a restriction of the time of labor was necessary for the 
protection of those engaged in such labor. 

The limitations of the doctrine are well illustrated by the subse- 
quent decision in Lochner vs. New York, 138 U. S.. 45, 25 Sup. Ct. 
539, 49 L. Ed. 937, in which the court, reversing the decision of the 
Court of Appeals of New York in People vs. Lochner, 177 N. Y. 
145, 69 N. E. 373, 101 Am. St. Rep, 773, declared invalid a law 
limiting the hours of labor of bakers. The real ground of that 
decision is, we think, to be found in the following extract from the 
opinion of Mr. Justice Peckham : "We think that there can be no 
fair doubt that the trade of a baker, in and of itself, is not an 
unhealthy one to that degree, which would authorize the legislature 
to interfere with the right to labor, and with the right of free con- 
tract on the part of the individual, either as employer or employee." 
The decision in the Lochner case was by a bare majority of the 
court, but the majority itself recognized the correctness of the 
decision in Holden vs. Hardy and distinguished that case upon the 
ground that the callings involved in the two statutes were essen- 
tially different. 

It follows, from a comparison of these two decisions, that, in 
determining whether an act limiting the hours of labor in any 
occupation is in violation of the provisions of the federal consti- 
tution, the primary consideration is whether or not the occupation 
possesses such characteristics of danger, to the health of those 
engaged in it as to justify the legislature in concluding that the 
welfare of the community demands a restriction. 

And this brings us to the petitioner's contention that the act is 
violative of the provisions of the state constitution respecting special 



LABOR LAWS — DECISIONS. 237 

legislation. It is contended that the act violates subdivision 2 of 
section 25 of article IV, in that it is a special law for the punish- 
ment of a crime or misdemeanor created by said act ; that it violates 
subdivision 33 of said section, in that it is a special law passed in 
a case where a general law can be made applicable ; that it violates 
section 21 of article I, in that it grants to citizens or classes of 
citizens privileges or immunities which are not, upon the same 
terms, granted to all citizens ; that it violates section 11 of article I 
as not being of uniform operation. These various specifications 
are in effect directed to the same point, namely, that the law 
arbitrarily selects for its operation a special class of persons. It 
is, we think, unnecessary at this date to cite many authorities in 
support of the proposition, that a law is not special or lacking in 
uniformity merely because it does not apply to every person or sub- 
ject within the state. "An act to be general in its scope need not 
include all classes of individuals in the state ; it answers the con- 
stitutional requirements if it relates to and operates uniformly upon 
the whole of any single class." Abeel vs. Clark, 84 Cal. 226, 24 
Pac. 383. The classification created for the purposes of legislation 
must, of course, be a reasonable one. The test of its propriety is 
well stated in City of Pasadena vs. Stimson, 91 Cal. 23S, 27 Pac. 
604, where the court declared "that, although a law is general and 
constitutional when it applies equally to all persons embraced in a 
class founded upon some natural or intrinsic or constitutional dis- 
tinction, it is not general or constitutional if it confers particular 
privileges or imposes peculiar disabilities or burdensome conditions 
in the exercise of a common right upon a class of persons arbitrarily 
selected from the general body of those who stand in precisely the 
same relation to the subject of the law." But in view of the 
decision in Holden vs. Hardy, based as it was upon the fact that the 
occupations covered by this act were so peculiarly dangerous as to 
justify special regulation, how can it be said that the legislature 
in selecting these occupations and applying to them provisions 
designed to protect the health of those engaged in them was making 
"a class of persons arbitrarily selected from the general body of 
those who stand in precisely the same relation to the subject of the 
law?" The very grounds which led the supreme court of the 
United States to hold that the Utah statute did not deprive any 
person of life, liberty, or property without due process of law, nor 
deny to any person the equal protection of the laws, requires the 



238 BUREAU OF LABOR STATISTICS. 

conclusion that the legislation was not special within the meaning 
of our state constitution. See Julien vs. Model B. L. & I. Co., 
116 Wis. 79, 92 N. W. 561, 61 L. R. A. 668. For if it could be 
said that the limitation of the hours of labor of miners and those 
engaged in smelting and reduction works could not be supported by 
any natural or intrinsic distinction between those occupations and 
others, the legislation would, for the reasons declared in Lochner 
vs. New York, necessarily fall before the provisions of the federal 
constitution. 

The appellant relies with great confidence upon the decision of 
the supreme court of Colorado in In re Morgan, 26 Colo. 415, 58 
Pac. 1071, 47 L. R. A. 52, 77 Am. St. Rep. 269. In that case it 
was held that an act similar to the one urder consideration was 
unconstitutional, this conclusion being based upon the ground, 
among others, that the law was "class legislation." We have not 
had access to the constitution of Colorado and are not informed 
of its precise terms regarding general and special legislation. It 
may be observed, however, that some of the grounds relied on by 
the Colorado court for its decision are clearly in conflict with the 
views of the supreme court of the United States in the Holden case. 
In other states, having constitutional provisions directed against 
the passing of special laws, legislation of this character has been 
upheld. Ex parte Boyce, 27 Nev. 299, 75 Pac. 1, 65 L. R. A. 47; 
Ex parte Kair, 28 Nev. 127, 80 Pac. 463, 113 Am. St. Rep. 817 : 
State vs. Cantwell, 179 Mo. 245, 78 S. W. 569. 

It is argued by the appellant that the act is special because it 
does not include in its scope many occupations other than mining 
which are equally dangerous to the health of the persons engaged in 
them. Reference is made, for example, to marble cutters and 
marble drillers, diamond cutters, workers in furnaces and laundries, 
men employed in wine cellars, breweries, and ice houses, men in 
boiler works, match makers, cleaners of clothes, makers of white 
lead, of china and earthenware, and many others. The argument 
is, apparently, that any law is special which does not include all of 
these occupations. This view is obviously unsound. Whether these 
other occupations present the same dangers to health as those 
involved in mining, etc., and whether, if they do, these dangers can 
best be met by restricting the hours of labor, are primarily ques- 
tions for the legislature. The legislature has determined one or 
both of them in the negative by enacting this law. The selection of 



LABOR LAWS — DECISIONS. 239 

the businesses requiring regulation is confined to the legislative 
discretion, and this discretion is not subject to judicial review unless 
it clearly appears to have been exercised arbitrarily and without 
any show of good reason. It certainly can not be justly said to 
be apparent that each or any of the trades instanced by counsel is, 
in its effect upon the health of the workers, identical with the 
occupations covered by the act under discussion, nor that the most 
appropriate method of counteracting any injurious effects pertain- 
ing to any of them is necessarily the same as that found to be 
suitable for miners and men working in smelting and reduction 
works. In other words, the law is not rendered special by the 
mere fact that it does not cover every subject which the legislature 
might conceivably have included in it. It is enough that the sub- 
jects covered possess such intrinsic peculiarities as to justify the 
legislative determination that those subjects require special enact- 
ment. 

It may be questioned whether, in view of the title of the act, the 
limitation of hours applies to all underground work or only to that 
performed in mines. But if we assume, with petitioner, that only 
work in mines is covered, the act is not thereby rendered obnoxious 
to the constitutional provision against special legislation. This 
point was made in State vs. Cantwell, supra, and was met by the 
answer that the discrimination between work in mines, and that 
in other underground diggings was justified by the fact that mining 
is a permanent business in which men are engaged steadily for 
long periods of time, whereas other underground diggings are 
ordinarily temporary and irregular in duration and for that reason 
do not require the same measure of regulation. 

The act and the title thereof do not embrace more than one sub- 
ject ; Const., art. 4, § 24 ; Ex parte Boycc, supra. It is designed, as 
we have said, for the protection of the health of persons engaged 
in occupations regarded by the legislature as dangerous. Such 
occupations as in the legislative view were subject to the same kind 
of danger and which require the same kind of regulation could 
properly be joined together in one act. We may remark the incon- 
sistency between the argument that the act is void because it 
covers different kinds of employment and petitioner's other conten- 
tion that the act is void because it does not cover a greater number 
of employments. 



240 BUREAU OF LABOR STATISTICS. 

Petitioner attacks the provision of the act that the hours of 
employment shall be consecutive (excluding, however, any intermis- 
sion of time for lunch or meals). We are not prepared to say 
that this limitation bears no reasonable relalion to the protection of 
the health of the workmen. The legislature may have considered 
that persons working in underground mines, in smelters, or in 
reduction works required for their protection, not only that the total 
number of hours of employment in a day should be limited, but 
that the hours of labor should be so adjusted as to allow the em- 
ployee a long consecutive period for rest and recreation. This is 
a question of legislative policy with which the courts have no 
concern. 

Upon the whole case, we are satisfied that the act is a valid 
exercise of the legislative power, and that the petitioner is properly 
held. 

It is ordered that the writ be dismissed and the petitioner 
remanded to the custody of the constable. 

SLOSS, J. 

We concur : Shaw, J. ; Angellotti, J. ; Lorigan, J. ; Melvin, 
J. ; Henshaw, J. 

Crim. No. 1539. Construction. 

"The limitation of time is to be construed as referring to the 
time when men are actually engaged in work, not when they are 
going to or from their work." 

Crim. No. 1540. Construction. 

A quartz mill comes clearly within the phrase "smelters and 
other institutions for the reduction or refining of ores or metals." 



LABOB LAWS — DECISIONS. 241 

DECISION UPHOLDING THE CONSTITUTIONALITY OF 
THE EIGHT-HOUR LAW FOR WOMEN. 

Supreme Court of California, May 27, 1912. 
(In Bank. Crim. No. 1686.) 

IN THE MATTER OF THE 

APPLICATION OF F. A. MILLER 

FOR A WRIT OF HABEAS CORPUS. 

Application for writ of habeas corpus prayed to be directed 
against F. P. Wilson, sheriff of the county of Riverside. 

For Petitioner — Flint, Gray & Barker and Gray, Barker, Bowen, 
Allen, Van Dyke & Jutten. 

For Respondent — Lyman Evans, District Attorney ; Purrington 
& Adair ; William Denman, amicus curioe; G. S. Arnold, of counsel ; 
Thos. F. Griffin and Leon Yanckwich, as amici curice. 

The petitioner applies for release from custody on a charge of 
violating the provisions of the act of March 22, 1911, forbidding the 
employment of women in certain establishments for more than eight 
hours in one day, or more than forty-eight hours in one week 
(Stats. 1911, 437.) The specific charge is that on June 12, 1911, 
he employed and thereupon required Emma Hunt, a female, to work 
during that day for nine hours in the Glen wood Hotel, as an 
employee therein. His contention is that the act is unconstitu- 
tional and void. 

Three grounds are urged in support of this claim : 1. That the 
restrictions imposed by the statute upon the freedom of contract 
are in violation of section 1, article I, and section 18 of article XX, 
of the constitution, and that it is consequently invalid ; 2. That 
the act is special, that it is not uniform in its operation, and that 
it makes arbitrary discriminations between persons and classes of 
persons similarly situated contrary to the limitations of sections 11 
and 21, article I, and section 25 of article IV of the constitution ; 
3. That it embraces two distinct subjects, contrary to section 24, 
article IV of the constitution. 

The material parts of the statute are as follows : 

Section 1. No female shall be employed in any manufacturing, 
mechanical or mercantile establishment, laundry, hotel, or restau- 
rant, or telegraph or telephone establishment or office, or by any 
16—32683 



242 BUREAU OF LABOR STATISTICS. 

express or transportation company in this state more than eight 
hours during any one day or more than forty-eight hours in one 
week. The hours of work may be so arranged as to permit the 
employment of females at any time so that they shall not work 
more than eight hours during the twenty-four hours of one day, 
or forty-eight hours during any one week ; provided, however, that 
the provisions of this section in relation to the hours of employment 
shall not apply to nor affect the harvesting, curing, canning or dry- 
ing of any variety of perishable fruit or vegetable. 

Sec. 2. Every employer in any manufacturing, mechanical or 
mercantile establishment, laundry, hotel or restaurant, or other 
establishment employing any female, shall provide suitable seats for 
all female employees, and shall permit them to use such seats when 
they are not engaged in the active duties of their employment. 

Section 3 declares it a misdemeanor, punishable by fine or 
imprisonment, or both, for any employer to require any female to 
work in any of the places mentioned in section 1 more than the 
number of hours allowed by the act, during any one day of twenty- 
four hours. 

1. Section 18 of article XX of the constitution provides that "no 
person shall, on account of sex, be disqualified from entering upon 
or pursuing any lawful business, vocation or profession." This 
section prohibits any discrimination of this kind based solely on 
distinctions of sex. But, as in case of the other constitutional 
guaranties, this provision is subject to such reasonable regulations 
as may be imposed in the exercise of police powers. It does not 
forbid such reasonable restrictions upon the hours of labor of. 
women as may be necessary for the protection and preservation of 
the public health. (Ex parte Hayes, 98 Cal. 556 ; Foster vs. Com- 
missioners, 102 Cal. 490.) 

2. Recognizing the importance of personal liberty, our state con- 
stitution at the outset declares that all persons have an inalienable 
right to enjoy life and liberty and to acquire and possess property. 
(Art. I, sec. 1.) This, necessarily, includes liberty to work for the 
purpose of acquiring property, or to accomplish any desired lawful 
object, and liberty to continue that work each day a sufficient time 
to gain more than is required for the daily needs. Hence comes the 
right to make contracts to serve and contracts to employ such 
service. There can be no contract by the employee to serve without 
a corresponding contract by the employer to hire and receive such 
service. Therefore, although the act in question provides a punish- 
ment only for the employer, its prohibition applies to both and it 
clearly restricts the liberty of both the employer and the employed, 
in the specified establishments, to freely contract with each other 



LABOR LAWS — DECISIONS. 243 

as to the length of a day's service or to perform such contracts, 
when made. Consequently, it does, to that extent, take away the 
liberty guaranteed by this provision of the constitution. 

Although this guaranty of the constitution is apparently absolute 
and unqualified, yet it is well established that it is subject to the 
exercise, by the legislature, of what are known as the police powers 
of the state. 

Says the Supreme Court of the United States in Holden vs. 
Hardy, 169 U. S. 391 : "This right of contract, however, is in itself 
subject to certain limitations which the state may lawfully impose 
in the exercise of its police powers," a power which "may lawfully 
be resorted to for the purpose of preserving public health, safety, or 
morals, and a large discretion is necessarily vested in the legislature 
to determine not only what the interests of the public require, but 
what measures are necessary for the protection of such interests." 
(See, to the same effect, Ex parte Whit well, 98 Cal. 78; Ex parte 
Tuttle, 91 Cal. 591 ; In re Yick Wo, 68 Cal. 297 ; Lawton vs. Steele, 
152 U. S. 136.) 

Because of the great value to mankind and the consequent para- 
mount importance of the preservation of individual liberty, it is 
universally admitted and held that the police powers of the legisla- 
ture are not absolute or unlimited. These personal rights can not 
be taken away or impaired at the mere will of the legislature, nor 
at all, unless the public welfare demands it. So far as the effect 
on himself alone is concerned, each person has the absolute right to 
judge for himself whether the hard labor which he voluntarily per- 
forms is for his best interest or not. The legislature can not judge 
for persons in this respect and interfere solely to prevent them from 
injuring themselves by excessive labor. The injury must be of such 
character and extent and to such a number of persons that it may 
be reasonably supposed that it will cause injury to others, that is, 
to the community in general, or, as it is expressed, to the public 
health and general welfare. (Lawton vs. Steele, supra.) 

The means adopted to produce the public benefit intended, or to 
prevent the public injury, must be reasonably necessary to accom- 
plisn tnat purpose and not unduly oppressive upon individuals. 
The aetermination of the legislature as to these matters is not con- 
clusive, but is subject to the supervision of the courts, and if the 
above qualities are wanting, a law arbitrarily interfering with the 
right of contract, or imposing restrictions upon lawful occupations, 



244 BUREAU OF LABOR STATISTICS. 

will be held void. (Ex parte Whitwell, supra; Lawton vs. Steele, 
supra; H olden vs. Hardy, supra; Tiedman, Police Powers, p. 17 ; 
Freund, Police Powers, sec. 63; Am. & Eng. Encyc. of Law, 936.) 
In the language of Justice Harlan in Mugler vs. Kansas, 123 U. S. 
161 : "If, therefore, a statute purporting to have been enacted to 
preserve public health, the public morals or the public safety, has 
no real or substantial relation to these objects, or is a palpable 
invasion of rights secured by the fundamental law, it is the duty 
of the court so to adjudge, and thereby give effect to the constitu- 
tion." If this were not so, the constitutional guaranties of the 
personal right to liberty and property would be wholly subject to 
the will of the majority acting through the legislature. 

It is settled, however, that some occupations may have a tendency 
to injure the health of those engaged therein, that this injury may 
be so general or extensive as to affect the public health and general 
welfare, and that in such cases the legislature may, in the exercise 
of the police power of the state, enact laws limiting the time of 
labor therein to eight hours a day. Thus, laws have been upheld 
restricting to eight hours the daily labor of persons working in 
underground mines, or in smelters and quartz mills, and the legisla- 
tive judgment on the subject of the extent and effect of the injury 
was considered sufficiently supported to be beyond judicial inter- 
ference. (Holden vs. Hardy, supra; In re Martin, 157 Gal. 51; 
In re Martin, 157 Cal. 60. 

So, also, it has been recognized that some occupations followed 
by women, though less arduous than those generally followed by 
men, may have such a tendency to injure their health, if unduly 
prolonged, that laws may be enacted restricting their time of labor 
therein to ten hours a day. The application of these laws exclu- 
sively to women is justified on the ground that they are less robust 
in physical organization and structure than men, that they have the 
burden of child-bearing, and, consequently, that the health and 
strength of posterity and of the public in general is presumed to 
be enhanced by preserving and protecting women from exertion 
which men might bear without detriment to the general welfare. 
(See Commonwealth vs. Hamilton Mfg. Co., 120 Mass. 383; Wen- 
ham vs. State, 65 Neb. 394; State vs. Buchanan, 29 Wash. 602; 
State vs. Muller, 49 Ore. 252 ; Muller vs. Oregon, 208 U. S. 412 ; 
Whitey vs. Blcem, 153 Mich. 419; Ritchie vs. Wayman, 244 111. 
509; State vs. Somerville, 122 Pac. [Wash.] 324.) 



LABOR LAWS — DECISIONS. 245 

Counsel for the respondent do not advance the proposition that a 
general restriction of all women to eight hours a day for all work 
would be a proper police regulation. This precise question is not 
involved. The act does not limit the time of occupation or exertion 
by females. It limits only the time for whch a female may "be 
employed," that is to say, engaged in service for another. The time 
of such service does not usually measure the whole time of daily 
toil, labor or exertion. 

The courts must always assume that the legislature, in enacting 
laws, intended to act within its lawful powers and not to violate 
the restrictions placed upon it by the constitution. We must take 
this statute as a law intended for a police regulation to preserve, 
protect or promote the general health und welfare. As has been 
already stated, a large discretion is vested in the legislature to 
determine what measures are necessary for that purpose. Upon 
this question of fact, as also with regard to the facts upon which a 
lawful classification and discrimination depends, to be hereinafter 
discussed, the rule is well settled that the legislative determination 
that the facts exist which make the law necessary, must not be set 
aside or disregarded by the courts, unless the legislative decision is 
clearly and palpably wrong and the error appears beyond reasonable 
doubt from facts or evidence which can not be controverted, and of 
which the courts may properly take notice. (Stockton vs. Stock- 
ton, 41 Cal. 159 ; Ex parte T utile, supra; In re Spencer, 149 Cal. 
400; In re King, 157 Cal. 164.) The power of the court to declare 
a statute unconstitutional is "conceded to be always one of the 
utmost delicacy in its exercise, and never to be exerted except when 
the conflict between the statute and the constitution is palpable and 
incapable of reconciliation." (Stockton vs. Stockton, supra.) If 
reasonable men, upon a consideration of the facts might rationally 
reach the conclusion that the enforcement of the statute would tend 
to promote or preserve, in some appreciable degree, the public 
health or general welfare, the law must be accredited as a proper 
exercise of the police power, although other reasonable persons 
might take a different view. 

The reasons which justify a restriction upon the hours of employ- 
ment or labor of women, as distinguished from men, are fully stated 
in the cases heretofore cited upon that subject and need not be 
further considered here. Restrictions to ten hours a day have 
always been upheld. In Illinois a restriction to eight hours in 



246 BUREAU OF LABOR STATISTICS. 

factories was declared invalid. (Ritchie vs. People, 155 111. 98.) 
In Washington, a similar law was held valid. (State vs. Somer- 
ville, supra.) In the latter case the woman was employed in a 
factory for the manufacture of paper boxes. 

The question of the effect of the various occupations in which 
women engage, upon their health, is one upon which medical men 
differ and with respect to which the prevailing opinion changes 
from time to time. It has not been, and probably never will be, 
a settled question, either with respect to the deleterious effects of 
particular occupations, or the hours of labor which measure the 
limit of safety in each. Women who work for others usually have 
household or other domestic duties to perform which oblige them to 
continue at work each day for a much longer period than their time 
of service. Even those who live at their places of work generally 
have to make and mend their clothing and do other things for their 
personal welfare, in addition to the work dene for their employers. 
In view of these circumstances affecting the generality of employed 
women, it could scarcely be claimed that a limitation to eight hours 
a day to the time of employment in many ol the occupations men- 
tioned in the act is unreasonable as a health regulation. The work 
in hotels may not be as severe as that in some of the other places 
covered by the law, but considering the delicate frame of women as 
compared with men, we can not perceive that the difference is so 
radical as to make it unreasonable to include employees in hotels 
among those protected by the law. Doubtless there is a limit below 
which the legislature can not go. But we can not say that eight 
hours of employment in work of this character in addition to the 
labor necessary to be done before and afterward by the employee 
is unreasonably low and beyond the legislative discretion, or that, 
in the present condition of common knowledge on the subject, the 
limitation upon the time of employment of women in hotels is so 
manifestly unreasonable and unnecessary for the promotion and 
preservation of the health and welfare of the human race, that the 
courts can declare that the legislature had no rational ground for 
imposing it as a police regulation for that purpose. The respon- 
sibility, if the law is unwise, is with the legislature. 

3. The next objection is that the act is special because there are 
no reasons for making the restriction as to the particular employ- 
ments mentioned in the act which do not apply with equal force to 
other similar occupations. There may be, and probably are, other 



LABOR LAWS — DECISIONS. 247 

occupations followed by women which are equally injurious to their 
health, and which should also be regulated. But if this be true it 
does not make the law invalid. If there are good grounds for the 
classification made by the act, it is not void because it does not 
include every other class needing similar protection or regulation. 
"The law is not rendered special by the mere fact that it does not 
cover every subject which the legislature might conceivably have 
included in it." (Ex parte Martin, 157 Cal. 57.) 

The general rules governing this subject ore well settled by our 
decisions. They may be stated as follows • A law is general and 
uniform in its operation when it applies equally to all persons 
embraced within the class to nrhich it is addressed, provided such 
class is made upon some natural, intrinsic or constitutional dis- 
tinction between the persons composing it and others not embraced 
in it. It is not general or uniform and it makes an improper dis- 
crimination if it confers particular privileges or imposes peculiar 
restrictions or disabilities upon a class of persons arbitrarily 
selected from a large number of persons, all of whom stand in the 
same relation to the privileges granted or burdens imposed, and 
between whom and the persons not so favored or burdened no 
reasonable distinction or substantial difference can be found justify- 
ing the inclusion of one and the exclusion of the other from such 
privileges or burdens. The difference on which the classification is 
based must be such as, in some reasonable degree, will account for 
or justify the peculiar legislation. The following cases declare 
these rules : Smith vs. Judge, 17 Cal. 555 ; Pasadena vs. Stimson, 
91 Cal. 251 ; Darcy vs. San Jose, 104 Cal. 645 ; Bloss vs. Leivis, 
109 Cal. 499 ; Marsh vs. Hanly, 111 Cal. 370 ; Ex parte Jentzsch, 
112 Cal. 474; Ex parte Giamoonini, 117 Cal 574; Krause vs. Dur- 
ante, 127 Cal. 684; Pratt vs. Browne, 135 Cal. 652; Ex parte 
Sohncke, 148 Cal. 267. 

The women employed in hotels are, for the most part, chamber- 
maids and waitresses. It is contended that the work of such per- 
sons in hotels is no more arduous or injurious to health than that 
in lodging-houses and boarding-houses, that they are all of the same 
class with respect to the need of such protection, and, hence, that 
there is no substantial reason or difference ir> conditions which can 
justify the protection of those employed in hotels alone. The 
census returns show that in this state the number of boarding- 
houses and lodging-houses, combined, exceeds the number of hotels 



248 BUREAU OF LABOB STATISTICS. 

by about fifty per cent of the number of the latter. As the hotels 
are usually the larger institutions, it is probable that the number 
of women employed therein is about equal to those employed in the 
other places mentioned. In the matter of numbers there appears 
to be no ground for distinction. But there are other obvious differ- 
ences. The patrons of lodging-houses and boarding-houses use them 
as places of residence. They are for the most part permanent 
occupants. Such places partake more of the nature of a home or 
residence than does a hotel. They are not accessible, as of right, 
to the public generally, as is the case with hotels. The occupants 
may be and often are selected by the proprietor, and frequently 
they compose a class having similar habits, tastes and desires. An 
acquaintance arises between them and the servants and the servants 
soon become accustomed to the wants and ways of those by whom 
their services are required. The occupants of a hotel are of a more 
transient character. They come and go and change daily. They 
are usually entire strangers to the servants. Their habits are likely 
to be irregular and of great diversity as well as unfamiliar to the 
employees. These respective conditions must, or at least may, 
make the work of such employees in the other places materially 
different from those similarly employed in hotels. It is not unrea- 
sonable to suppose that those in the other places will be subject to 
less strain and tension than those who serve the more transient, 
varied and indiscriminate guests of hotels, to whom they are 
generally entire strangers. The legislature, in view of all the above 
facts, may reasonably have so determined. In support of the law, 
as already stated, the courts are bound to presume that it did make 
this decision, and as there are sound reasons upon which it may 
rest, the decision must be accepted as correct. The conditions 
stated appear to be a sufficient basis for the classification made. 
In such matters the legislature can not deal with individual cases. 
It can provide only for classes, and its decision as to the line of 
cleavage between classes in some particulars the same and in other 
particulars different must be upheld where it is based on any 
reasonable grounds. We are of the opinion, therefore, that the law 
can not be declared invalid because of this discrimination. 

We can not say that the exemption of persons employed in har- 
vesting, curing, canning or drying perishable fruits or vegetables 
from the operation of the law, makes an improper discrimination. 
These occupations can be carried on only for a short period of each 



LABOR LAWS — DECISIONS. 249 

year, the time of the annual ripening of the particular fruits or 
vegetables. In a cannery devoted to overy kind of fruit and 
vegetable the work may continue much longer, but even those estab- 
lishments are idle for a large part of the year. There is time for 
those employed therein to obtain rest and recuperation. It is also 
to be noted that, looking to the general welfare, there is a greater 
necessity for facility in obtaining employees to do such work than 
obtains in ordinary employments, for, unless the work is done ar 
the proper time, great loss must ensue from the perishable nature 
of the products to be preserved. These are all matters which the 
legislature could properly take into consideration, and they con- 
stitute a sufficient justification for the exception. (See State vs. 
Somerville, supra, where it was held that a similar exception did 
not vitiate the women's eight hour law of the state of Washington.) 

4. The title embraces but one general subject — the regulation of 
female employment. The subdivision of this subject by the par- 
ticular details stated in the title does not make it embrace two sub- 
jects. The title is sufficient in this respect. We find no ground 
upon which the law can be declared void or the conviction in 
question invalid. 

Let the petitioner be remanded to the custody of the sheriff of 
Riverside County. 

SHAW, J. 

We concur : Angellotti, J. ; Sloss, J. ; Lobigan, J. ; Melvin, 
J. ; Beatty, C. J. 

Note. — See following decisions of the Supreme Court of the 
United States. 



250 BUREAU OF LABOR STATISTICS. 

EIGHT-HOUR LAW FOR WOMEN. 

In the Supreme Court of the United States. 

No. 112.— October Term, 1914. 

F. A. MILLER, Plaintiff in Error, vs. F. P. WILSON, Sheriff of 

the County of Riverside, State of California. 

Syllabus. 

1. A statute limiting the hours of employment of women in any 
manufacturing, mechanical or mercantile establishment, laundry, 
hotel, or restaurant, or telegraph or telephone establishment or 
office, or by any express or transportation company to not more 
than eight hours a day or forty-eight hours a week, is not an arbi- 
trary restraint of liberty of contract, but has a reasonable relation 
to a proper purpose — a reason based on her physical structure, her 
maternal functions and the vital importance of her protection in 
order to preserve the strength and vigor of the race. 

2. It is not an unreasonable discrimination to classify the woman 
to whom the limitation shall apply, according to the nature of the 
employer's business and not upon the character of the employee's 
work. 

3. A legislative classification for purposes of limitation of hours 
of labor is not unconstitutional because there may be other classes 
which might be benefited by similar regulation. 

In error to the Supreme Court of the State of California. 

Mr. J. F. Bowie argued the cause, and with Mr. Henry S. Van 
Dyke and Mr. Frank P. Flint filed a brief for plaintiff in error. 

Mr. William Denman and Mr. Louis D. Brandeis argued the 
cause and with U. S. Webb, the Attorney General for the State of 
California, G. S. Arnold and Josephine Goldmark, filed briefs for 
the defendant in error. 

(February 23, 1915.) 

Mr. Justice Hughes delivered the opinion of the Court. 

The plaintiff in error, the proprietor of the Glenwood Hotel in 

the City of Riverside, California, was arrested upon the charge of 

employing and requiring a woman to work in the hotel for the 

period of nine hours in a day, contrary to the statute of California 



LABOR LAWS — DECISIONS. 251 

which forbade such employment for more than eight hours a day 
or forty-eight hours a week. Act of March 22, 1911 ; Stats. 1911, 
p. 437. It was stated in the argument at this bar that the woman 
was employed as a chambermaid. Urging that the act was in 
violation of the state constitution, and also that it was repugnant 
to the Fourteenth Amendment as an arbitrary invasion of liberty 
of contract and as unreasonably discriminatory, the plaintiff in 
error obtained a writ of habeas corpus from the supreme court of 
the state. That court, characterizing the statute as one "intended 
for a police regulation to preserve, protect, or promote the general 
health and welfare," upheld its validity and remanded the plaintiff 
in error to custody. 162 Cal. 687. This writ of error was then 
sued out. 

The material portion of the statute, as it then stood, was as 
follows : 

No female shall be employed in any manufacturing, mechanical 
or mercantile establishment, laundry, hotel, or restaurant, or tele- 
graph or telephone establishment or office, or by any express or 
transportation company in this state more then eight hours during 
any one day or more than forty-eight hours in one week. The 
hours of work may be so arranged as to permit the employment of 
females at any time so that they shall not work more than eight 
hours during the twenty-four hours in one day, or forty-eight hours 
during any one week; provided, however, that the provisions of this 
section in relation to the hours of employment shall not apply to 
nor affect the harvesting, curing, canning or drying of any variety 
of perishable fruit or vegetable. 

As the liberty of contract guaranteed by the Constitution is 
freedom from arbitrary restraint — not immunity from reasonable 
regulation to safeguard the public interest — the question is whether 
the restrictions of the statute have reasonable relation to a proper 
purpose. (Chicago, Burlington & Quincy R. R. Co. vs. McGuire, 
219 U. S. 549, 567 ; Erie R. R. Co. vs. Williams, 233 U. S. 685, 699 ; 
Goppagexs. Kansas, 236 U.S. 1. 18.) Upon this point, the recent 
decisions of this Court upholding other statutes limiting the hours 
of labor of women must be regarded as decisive. In Mutter vs. 
Oregon, 208 U. S. 412, the statute of that State, providing that 4 no 
female shall be employed in any mechanical establishment, ol- 
factory, or laundry' for 'more than ten hours during any one day,' 
was sustained as applied to the work of an adult woman in a 
laundry. The decision was based upon considerations relating to 
woman's physical structure, her maternal functions, and the vital 



252 BUREAU OF LABOR STATISTICS. 

importance of her protection in order to preserve the strength and 
vigor of the race. 'She is properly placed in a class by herself,' 
said the court, 'and legislation designed for her protection may be 
sustained, even when like legislation is not necessary for men and 
could not be sustained. . . . Even though all restrictions on 
political, personal and contractual rights were taken away, and she; 
stood, so far as statutes are concerned, upon an absolutely equal 
plane with him, it would still be true that she is so constituted 
that she will rest upon and look to him for protection ; that her 
physical structure and a proper discharge of her maternal functions 
— having in view not merely her own health, but the well being of 
the race — justify legislation to protect her from the greed as well 
as the passion of man. The limitations which this statute places 
upon her contractual powers, upon her right to agree with her 
employer as to the time she shall labor, are not imposed solely for 
her benefit, but also largely for the benefit of all. Many words can 
not make this plainer. The two sexes differ in structure of body, in 
the functions to be performed by each, in the amount of physical 
strength, in the capacity for long continued labor, particularly when 
done standing, the influence of vigorous health upon the future 
well-being of the race, the self-reliance which enables one to assert 
full rights, and in the capacity to maintain the struggle for sub- 
sistence.' In Riley vs. Massachusetts, 232 U. S. 671, the plaintiff in 
error had been convicted upon the charge of employing a woman in 
a factory at a different hour from that specified in a notice posted 
in accordance with the statute relating to the hours of labor. The 
general provision of the statute being foiujd to be valid, the par- 
ticular requirements which were the subject of special objection 
were also upheld as administrative rules designed to prevent the 
circumvention of the purpose of the law. The case of Hawley vs. 
Walker, 232 U. S. 718, arose under the Ohio act prohibiting the 
employment of 'females over eighteen years of age' to work in 'any 
factory, workshop, telephone or telegraph office, millinery, or dress- 
making establishment, restaurant or in the distributing or trans- 
mission of messages more than ten hours in any one day, or more 
than fifty-four hours in any one week.' The plaintiff in error was 
charged with employing a woman in a millinery establishment for 
fifty-five hours in a week. The constitutionality of the law as thus 
applied was sustained by this court. 



LABOR LAWS — DECISIONS. 253 

It is manifestly impossible to say that the mere fact that the 
statute of California provides for an eight hcur day, or a maximum 
of forty-eight hours a week, instead of ten hours a day or fifty- 
four hours a week, takes the case out of the domain of legislative 
discretion. This is not to imply that a limitation of the hours of 
labor of women might not be pushed to a wholly indefensible ex- 
treme, but there is no ground for the conclusion here that the limit 
of the reasonable exertion of protective authority has been over- 
stepped. Nor, with respect to liberty of contract, are we able ro 
perceive any reason upon which the State's power thus to limit 
hours may be upheld with respect to women in a millinery estab- 
lishment and denied as to the chambermaid in a hoiei. 

We are thus brought to the objections to the act which are 
urged upon the ground of unreasonable discrimination. These are 
(1) the exception of women employed in 'harvesting, curing, can- 
ning or drying of any variety of perishable fruit or vegetable' ; (2; 
the omission of those employed in boarding houses, lodging houses, 
etc. ; (3) the omission of several classes of women employees, as 
for example stenographers, clerks and assistants employed by the 
professional classes, and domestic servants; und (4) that the classi- 
fication is based on the nature of the employer's business and not 
upon the character of the employee's work. 

With respect to the last 'of these objections, it is sufficient to say 
that the character of the work may largely depend upon the nature 
and incidents of the business in connection with which the work 
is done. The legislature is not debarred from classifying accord- 
ing to general considerations and with regard to prevailing condi- 
tions ; otherwise, there could be no legislative power to classify. 
For it is always possible by analysis to discover inequalities as to 
some persons or things embraced within any specified class. A 
classification based simply on a general description of work would 
almost certainly bring within the class a host of individual in- 
stances exhibiting very wide differences ; it is impossible to deny 
to the legislature the authority to take account of these differences 
and to do this according to practical groupings in which, while 
certain individual distinctions may still exist, the group selected 
will as a whole fairly present a class in itself. Frequently such 
groupings may be made with respect to i:he general nature of the 
business in which the work is performed ; and, where a distinction 
based on the nature of the business is not an unreasonable one 



254 BUREAU OF LABOR STATISTICS. 

considered in its general application, the classification is not to be 
condemned. See Louisville & Nashville R. R. Co, vs. Melton, 218 
U. S. 36, 53, 54. Hotels as a class, are distinct establishments not 
only in their relative side but in the fact that they maintain a 
special organization to supply a distinct and exacting service. They 
are adapted to the needs of strangers and travelers who are served 
indiscriminately. As the State court pointed out, the women em- 
ployees in hotels are for the most part chambermaids and wait- 
resses ; and it can not be said that the conditions of work are iden- 
tical with those which obtain in establishments of a different char- 
acter, or that it was beyond the legislative power to recognize the 
differences that exist. 

If the conclusion be reached, as we think it must be, that the 
legislature could properly include hotels in its classification, the 
question whether the act must be deemed to be invalid because of 
its omission of women employed in certain other lines of business is 
substantially the same as that presented in Hawley vs. Walker, 
supra. There, the statute excepted "canneries or establishments 
engaged in preparing for use perishable goods" ; and it was asked 
in that case on behalf of the owner of a millinery establishment 
why the act should omit mercantile establishments and hotels. The 
contention as to the various omissions which are noted in the objec- 
tions here urged ignores the well-established principle that the 
legislature is not bound, in order to support the constitutional 
validity of its regulation, to extend it to all cases which it might 
possibly reach. Dealing with practical exigencies, the legislature 
may be guided by experience. Patsone vs. Pennsylvania, 232 U. S. 
138, 144. It is free to recognize degrees of harm, and it may con- 
fine its restrictions to those classes of cases where the need is 
deemed to be clearest. As has been said, it may "proceed cautiously, 
step by step," and "if an evil is specially experienced in a particu- 
lar branch of business" it is not necessary that the prohibition 
"should be couched in all-embracing terms." Carroll vs. Green- 
wich Insurance Co., 199 U. S. 401, 411. If the law presumably hits 
the evil where it is most felt, it is not to be overthrown because 
there are other instances to which it might have been applied, 
Keokee Coke Co. vs. Taylor, 234 U. S. 224, 227. Upon this prin- 
ciple, which has had abundant illustration in the decisions cited 
below, it can not be concluded that the failure to extend the act to 
other and distinct lines of business, having their own circumstances 



LABOB LAWS — DECISIONS. 255 

and conditions, or to domestic service, created an arbitrary discrim- 
ination as against the proprietors of hotels. Ozan Lumber Co. vs. 
Union County Bank, 207 U. S. 251, 256; Heath & Miligan vs. 
Worst, 207 U. S. 338, 354 ; Engel vs. O'Malley, 219 U. S. 128, 13S ; 
Lindsley vs. Natural Carbonic Acid Gas Co., 220 U. S. 61, 78 ; Mutual 
Loan Co. vs. Martell, 222 U. S. 225, 235; Central Lumber Co. vs. 
South Dakota, 226 U. S. 157, 160; Rosenthal vs. New York, 226 
U. S. 260, 270; Barrett vs. Indiana, 229 U. S. 26, 29; Sturges & 
Burn vs. Beauchamp, 231 U. S. 320, 326; German Alliance Insur- 
ance Co. vs. Kansas, 233 U. S. 389, 418, 419 ; International Har- 
vester Co. vs. Missouri, 234 U. S. 199, 213; Atlantic Coast Line 
R. R. Co. vs. Georgia, 234 U. S. 280, 289. 

For these reasons the judgment must be affirmed. 

Judgment affirmed. 



256 BUBEAU OF LABOB STATISTICS. 

EIGHT-HOUR LAW FOR WOMEN. 

In the Supreme Court of the United States. 
Nos. 362 and 363— October Term, 1914. 

WILLIAM B. BOSLEY, PETER L. WHEELER and SAMUEL 
H. BUTEAU, Trustees of "The Samuel Merritt Hospital," and 
ETHEL E. NELSON, Appellants, vs. JOHN P. McLAUGHLIN, 

Labor Commissioner of the State of California et al. 

Syllabus. 

1. A statute limiting to eight hours a day and forty-eight hours 
a week the time of employment of women pharmacists in hospitals 
is not unconstitutional as violating the right of freedom of contract. 
The question whether such an arrangement is expedient is a matter 
for legislative but not judicial consideration. 

2. The same restriction as to the hours of employment of student 
aurses in hospitals is not an unconstitutional violation of the 
freedom of contract, as these persons, upon whom rests the burden 
of immediate attendance upon and nursing of the patients in hos- 
pitals, are also pupils engaged in a course of study and the propriety 
of legislative protection of women undergoing such a discipline is 
not open to question. 

3. It is not a denial of the equal protection of the laws not to 
extend the eight hour limitation to graduate nurses in hospitals as 
their duties there are of a character different from other employee? 
of the hospital and as they may well be excepted for purposes of 
meeting emergencies for which their training especially fits them 

Appeal from the District Court of the United States for the 
Northern District of California. 

Mr. J. F. Bowie argued the cause, and with Charles S. Wheeler 
riled a brief for the appellants. 

Mr. Louis D. Brandeis and Mr. William Denman argued for 
jause and, with Miss Josephine Goldmark and G. S. Arnold, file** 
oriefs for the appellees. 

(February 23, 1915.) 
Mr. Justice Hughes delivered the opinion of the court. 
This is a suit to restrain the enforcement of the statute of 
California prohibiting the employment of women for more than 



LABOR LAWS — DECISIONS. 257 

eight hours in any one day or more than forty-eight hours in any 
one week. The act is the same as that which was under considera- 
tion in Miller vs. Wilson, ante, p. 234, decided February 23, 1915, 
as amended in 1913. By the amendment, the statute was extended 
to public lodging houses, apartment houses, hospitals, and places 
of amusement. The proviso was also amended so as to make th? 
statute inapplicable to "graduate nurses in hospitals." Stats. 
(Cal.) 1913, p. 713. 

The complainants are the trustees of "The Samuel Merritt 
Hospital" in Alameda, California, and one of their employees, 
Ethel E. Nelson. Their bill set forth that there were employed in 
this hospital approximately eighty women and eighteen men ; that 
of these women ten were what are known as "graduate nurses," that 
is to say, those who had "pursued and completed, at some training 
school for nurses in a hospital, courses of study and training in 
the profession or occupation of nursing and attending the sick and 
injured," and had received diplomas or certificates of graduation. 
By reason of their qualifications, they were paid "a compensation 
greatly in excess of that paid to female pupils engaged in nursing 
in hospitals while students of the training school." 

It was further averred that, in addition to these ten graduate 
nurses, certain other women were employed in the hospital, one as 
bookkeeper, two as office assistants, one as seamstress, one as 
matron or housekeeper, five who were engaged in ordinary house- 
hold duties, and one — the complainant Ethel E. Nelson — as pharma- 
cist. It was stated that this complainant was a graduate pharm- 
acist, licensed" by the state board ; chat she also acted as storekeeper, 
but that her chief duty was to mix and compound drugs for use in 
the treatment of the hospital patients. The general allegation was 
made that these last-mentioned eleven employees performed work 
that was in no manner different from that done by "persons engaged 
in similar employments or occupations and not employed in hos- 
pitals." The apprehended injury to the complainant Nelson by 
reason of the interference- of the statute with her freedom to con- 
tract was specially alleged. 

It was also set forth tnat che hospital maintained a school with a 
three years' course of study wherein women were trained to nurse 
the sick and injured ; that in this school there were enrolled twenty- 
four in the third year class, eighteen in the second year class and 

17—32683 



258 BUREAU OF LABOR STATISTICS. 

twenty-three in the first year class ; that a part of the "education 
and training" of these "student nurses" consisted in "aiding, nurs- 
ing and attending to the wants of the sick and injured persons" 
in the hospital, this work being done while the student was pursuing 
the prescribed course of study; that the student nurses were paid 
$10 a month during each of the first two years of their course and 
$12.50 a month in the third year, and were also provided throughout 
the three years "with free board, lodging and laundry." It was 
averred that the cost to the hospital of maintaining the school was 
$2,500 a month, and that the cost of procuring the work to be per- 
formed by graduate nurses that was being done by student nurses 
would be not less than $3,600 a month. It was set forth as a 
reason why the work of the student nurses was done at less expense, 
that their compensation was paid not only in money, board, etc., 
but also partially in their education and training, their attendance 
on patients being in itself an indispensible part of their course of 
preparation. It was said further that their hours of labor must be 
determined by the exigencies of the cases they were attending. 

The enforcement of the act with respect to these student nurses, 
it was stated, would require the hospital either to cease the opera- 
tion of the school or largely to increase the number in attendance in 
order that an equal return in service could be obtained; and such 
increase would involve a greatly enlarged expense. 

The complainants attacked the act on the grounds that it inter- 
fered with their liberty of contract and denied to them the equal 
protection of the laws, contrary to the Fourteenth Amendment. 
And in support, it was asserted in substance, that labor in hospitals 
did not afford, in itself, a basis for classification ; that there was no 
difference between such labor and the "same kind of labor" per- 
formed elsewhere ; that a hospital is not an unheal thful or unsani- 
tary place ; and, generally, that the statute and its distinctions were 
arbitrary. 

Upon the bill, an application was made for an injunction pending 
the suit. It was heard by three judges and was denied. The 
appeal in No. 362 is from the order thereupon entered. 

The defendants, the officers charged with the enforcement of the 
law, filed an answer. On final hearing, the complainants made an 
offer to prove that "all the allegations of fact set forth in the bill 
were true ; that the fact that a woman was a graduate nurse 
merely showed that she had completed a course of study for the 



LABOB LAWS — DECISIONS. 259 

treatment of the sick, but that the course of study which a woman 
must take for that purpose was not prescribed by law or fixed by 
custom, but was such as any hospital or training school might, in 
the discretion of its governing officers see fit to prescribe ; that the 
difference between a graduate nurse and an experienced nurse is a 
difference of technical education only, and that there is no standard 
by which this difference can be measured ; that graduate nurses 
working in and employed by hospitals do not ordinarily perform 
therein the work of nursing the sick, but act as overseers to assist- 
ants to the medical staff." The District Judge thereupon stated 
that upon the hearing of the motion for an interlocutory injunction 
it had been held that the complaint did not state a cause of action 
and that it was considered unnecessary to take the evidence. The 
offer of proof was rejected and the bill of complaint dismissed. 
No. 363 is an appeal from the final decree. 

1. As to liberty of contract. The gravamen of the bill is with 
respect to the complainant Nelson, a graduate pharmacist, and the 
student nurses. As to the former — it appears that a statute of 
California limits the hours of labor of pharmacists to ten hours a 
day and sixty hours a week. Stats. (Cal.) 1905, p. 28. In view 
of the nature of their work, and the extreme importance to the 
public that it should not be performed by those who are suffering 
from over-fatigue, there can be no doubt as to the legislative power 
reasonably to limit the hours of labor in that occupation. This, the 
appellants expressly concede. But this being admitted to be obvi- 
ously within the authority of the legislature, there is no ground for 
asserting that the right to contractual freedom precludes the legis- 
lature from prohibiting women pharmacists from working for more 
than eight hours a day in hospitals. The mere question whether in 
such case a practical exigency exists, that is, whether such a require- 
ment is expedient, must be regarded as a matter for legislative, not 
judicial, consideration. 

The appellants, in argument, suggest a doubt whether the statute 
is applicable to the student nurses, but the bill clearly raises the 
question of its validity as thus applied and urges the serious injury 
which its enforcement would entail upon the hospital. Assuming 
that these nurses are included, the case presented would seem to 
be decisive in favor of the law. For it appears that these persons, 
upon whom rests the burden of immediate attendance upon, and 
nursing of, the patients in the hospital are also pupils engaged in 



260 BUREAU OF LABOR STATISTICS. - 

a course of study, and the propriety of legislative protection of 
women undergoing such a discipline is not open to question. Con- 
siderations which, it may be assumed, moved the legislature to 
action have been the subject of general discussion as is shown by 
the bulletin issued by the United States Bureau of Education on the 
"Educational Status of Nursing" (Bulletin, 1912, No. 7). With 
respect to the "hours of duty" for student nurses, it is there said 
(pp. 29-32) : "These long hours have always formed a persistent 
and at times an apparently immovable obstacle in efforts to improve 
the education of nurses and to establish a rational adjustment of 
practice to theory. . . . Ten or more hours a day in addition to 
class work and study might be endured for a period of two years 
without obvious or immediate injury to health. The same hours 
carried on for three years would prove a serious strain upon the 
student's physical resources, inflicting perhaps irreparable injury. 
The conclusions reached in this first study of working hours of 
students (1896) were that they were universally excessive, that 
their requirement reacted injuriously not only upon the students, 
but eventually upon the patients and the hospital, that it was a 
short-sighted and unjustifiable economy in hospital administration 
which permitted it to exist. Fifteen years later, statistics show 
that though the course of training has now in the great majority 
of schools been lengthened to three years, shorter hours of work 
have not generally accompanied this change, and that progress in 
that direction has been slow and unsatisfactory." After quoting 
statistics the bulletin continues : "In speaking of hours it must be 
remembered that these statistics refer only to practical work in 
ward, clinic, operating room, or other hospital department, and 
not to any portion of theoretical work; that the ten hours in 
question are required of the student irrespective of lectures, class, 
or study. This practical work, also, is in many of its aspects 
unusually exacting and fatiguing ; much of it is done while standing, 
bending, or lifting; much of it is done under pressure of time and 
nervous tension, and to a considerable degree the physical effort 
which the student must make is accompanied by mental anxiety 
and definite, often grave, responsibility. Viewed from any stand- 
point whatever, real nursing is difficult, exacting work, done under 
abnormal conditions, and all the extraordinary, subtle, intangible 
rewards and satisfactions which are bound up in it for the worker 
can not alter that fact. Ten hours, or even nine hours, of work 



LABOR LAWS — DECISIONS. 261 

daily of this nature can not satisfactorily be combined with theo- 
retical instruction to form a workable educational scheme. . . . 
How largely the superintendents of training schools feel the need of 
improvement in this direction may be gathered from the fact that 
over two-thirds of the replies to the questions on this subject sug- 
gested shorter hours as advisable or necessary, that a large propor- 
tion of these stated their firm belief in an eight-hour clay, and that 
almost every reply which came showed clearly in one way or 
another the difficulties under which the schools were laboring in 
trying to carry on the hospital work with the existing number of 
students." 

Whatever contest there may be as to any of the points of 
view thus suggested, there is plainly no ground for saying that a 
restriction of the hours of labor of student nurses is palpably 
arbitrary. 

As to certain other women (ten in number) employed in the 
hospital, such as the matron, seamstress, bookkeeper, two office 
assistants and five persons engaged in so-called household work, the 
bill contains merely this general description without further speci- 
fications ; and from any point of view it is clear that, with respect 
to the question of freedom of contract, no facts are alleged which 
are sufficient to take the case out of the rulings in Mutter vs. 
Oregon, 208 U. S. 412; Riley vs. Massachusetts, 232 U. S. 671; 
Haioley vs. Walker, 232 U. S. 718; and Miller vs. Wilson, ante, 
p. 234. 

2. As to the equal protection of the laics. The argument in 
this aspect of the case is especially addressed to the exception of 
"graduate nurses." The contention is that they are placed "on one 
side of the line and doctors, surgeons, pharmacists, experienced 
nurses and student nurses and all other hospital employees on the 
other side of the line." So far as women doctors and surgeon? 
are concerned, the question is merely an abstract one as no such 
question is presented by the allegations of the bill with regard to 
the complainant hospital. (Southern Railway Co. vs. King, 217 
U. S. 524, 534; Standard Stock Food Co. vs. Wright, 225 U. S. 
540, 550.) With regard to other nurses, whether so-called "ex- 
perienced" nurses or student nurses, it sufficiently appears that the 
graduate nurse is in a separate class. The allegations of the bill 
itself show this to be the fact. It is averred that the graduate 



262 BUREAU OF LABOR STATISTICS. 

nurses are those who "have pursued and completed, at some training 
school for nurses in a hospital, courses of study and training in 
the profession or occupation of nursing and attending the sick and 
injured, and have received, in recognition thereof, diplomas or 
certificates of graduation from said courses of study." And, in the 
appellants' offer of proof, it is said that "graduate nurses working 
in and employed by hospitals do not ordinarily perform therein the 
work of nursing the sick, but act as overseers to assistants to the 
medical staff." It may be, as asserted, that the difference in quali- 
fications between a graduate nurse and an "experienced nurse" is 
a difference of technical education only, but that difference exists 
and is not to be brushed aside. It is one of which the legislature 
could take cognizance. Not only so, but as such nurses act as 
overseers of wards or assistants to surgeons and physicians, it 
would be manifestly proper for the legislature to recognize an 
exigency with respect to their employment making it advisable to 
take them out of the general prohibition. Again, with regard to 
the complainant Nelson, who is a graduate pharmacist, while she 
has been graduated from a course of training for her chosen voca- 
tion, it is a different vocation. The work is not the same. There 
is no relation to the supervision of the wards, and, putting mere 
matters of expediency aside, there is no basis for concluding that 
the legislature was without power to treat the difference as a 
ground for classification. 

As to the ten other women employees, the validity of the dis- 
tinction made in the case of graduate nurses is obvious. It should 
further be said, aside from the propriety of classification of 
women in hospitals with respect to the general conditions there 
obtaining (Louisville & Nashville R. R. Co. vs. Melton, 218 U. S. 
36, 53, 54), that the bill wholly fails to show as to the employment 
of any of these persons any such injury — actual or threatened — as 
would warrant resort to a court of equity to enjoin the enforce- 
ment of the law. 

And the objection based upon the failure of the legislature to 
extend the prohibition of the statute to persons employed in other 
establishments is not to be distinguished in principle from that 
which was considered in Miller vs. Wilson, supra, and cases there 
cited. 

Decrees affirmed. 



INDEX. 

Pag» 

Administrations, wages preferred in 27 

Advertisements during strikes, etc 102 

Aliens, employment of 42 

Apprentice, digest of laws 220 

Arbitration and conciliation, state board of 43 

Assignment of wages 15 

Assignments, wages preferred in 27 

Attachments, wages preferred in 28 

Attorney for bureau of labor statistics 97 

Attorney's fees in suits for wages 27 

Blacklisting prohibited 37 

Boilers, inspection of 214 

Bonds of employees, employers to pay for 210 

Buildings, protection of workmen on —35, 55, 104, 105 

Bureau of labor statistics 92 

Bureau of labor statistics, attorney for 97 

Camps, sanitation of . 106 

Child labor law 78 

Child labor law, decision on 224 

Children- 
certain employments forbidden 29 

general provisions regarding employment of 78 

vending at night prohibited 90 

Chinese labor — 

employment of on public works 7 

products of not to be bought by state officials— 12 

Coal mines, mine regulations 187 

Coercing employees, in purchasing 211 

Combinations of labor not unlawful 40 

Construction camps, sale of intoxicants near 90 

Contract work on public buildings prohibited 12 

Contractors, bonds on public works 196 

Convict labor — 

digest of laws 223 

goods must be labeled 211 

on state highways 68 

Coolie labor 7 

Day of rest, weekly 101 

Decisions — 

child labor law 224 

eight-hour law for women 241, 250, 256 

eight-hour law in underground mines and smelters.^ 234 

forbidden employments of children 231 



264 BUREAU OF LABOR STATISTICS. 

Page 
Discrimination against members of national guard forbidden___ 35 

Domestic products, preference of for public use 13 

Drinking water, employers to furnish 102 

Drug clerks, hours of labor of 194 

Earnings of minors 15 

Eight-hour law — 

public work 7 

underground mines and smelters 192 

underground mines, decision on 69 

women 69 

women, decision on 241, 250, 256 

Electricity — 

regulating erection of poles, etc _ 45 

regulating construction of manholes, etc 53 

Eievators — 

in buildings under construction 55 

in places of employment, inspection 207 

Employees — 

general provisions regarding . 15 

interference with political activities of 103 

on public works 7, 36 

protection of, as voters 29 

protection of, on buildings 35, 55, 104, 105 

Employers — 

general provisions regarding 15 

liability law 113 

Employers to report names of taxable employees 36 

Employment agencies — 

free state 65 

private, regulation and licensing of 56 

Employment of children — 

certain employments forbidden ^_ 29 

enforcement of laws pertaining to 204 

general provisions regarding 78 

Employment of Chinese 7 

Employment of labor — 

false representations 40 

general provisions 15 

Enforcement of labor contracts 24 

Execution, exemption of wages from 27 

Exemption of wages from execution 27 

Factories and workshops, sanitation and ventilation of_. 66 



INDEX. 265 

Factories— Pas* 

registration of 100 

medical appliances to be kept 101 

False representations in employment of labor 40 

Females, hours of labor of 69 

Ferries, for employees 10 

Free employment bureaus i — 65 

Full crews, on railroads 199 

Gratuities, acceptance of by managers, etc 213 

Hatch tenders on vessels 33 

Home industry, preference for public use 13 

Hospital fees, accounting of 185 

Hours of labor — 

drug clerks 194 

general 12 

mines, underground workings and smelters 192 

public works 7, 36 

railroads 202 

street railway employees 12 

women 69 

Hours of rest, municipal employees 219 

Industrial accident commission 113 

Industrial accidents — 

compensation for 113 

Industrial welfare commission 71 

Injuries to employees — 

right of employers 15 

liability of employer 113 

Inspection — 

elevators 207 

boilers, steam 214 

Intemperate employees on public carriers 10, 34 

Japanese — 

gathering statistics regarding 91 

records to be kept 92 

Label, union 31 

Labor combinations not unlawful 40 

Labor contracts, enforcement of 24 

Labor, employment of, general provisions 15 

Labor laws, enforcement of ' 98 

Labor, obtaining by false pretenses 36 

Labor organizations, protection of employees as members of 38 

Labor statistics, bureau of 92 



266 BUBEAU OF LABOB STATISTICS. 

Labor unions — Page 

unlawful using* card of 98 

unlawful wearing button of 98 

Liability of employers for injury to employees 113 

Liability of employers for road tax of employees 10 

License,, employment agents 56 

Lien laws, digest of 221 

Lumber mills, time for meals to be allowed employees 25 

Manufacturing establishments, registration of 100 

Master and servant, general provisions 21 

Meals, time for in lumber mills 25 

Mechanics' liens, digest of laws 221 

Medical appliances to be kept in factories 101 

Militia, protection of employees as members 35 

Mine regulations — 

coal mines _ „_. 187 

quartz mines . - 25 

signals 190 

Miners' hospital 189 

Mines- 
hours of labor in underground 192 

hours of labor in underground, decision on 234 

telephones in 193 

Minimum wage commission 8, 71 

Minors — 

earnings of : 15 

certain employments of, forbidden 29 

employment of, general provisions regarding 78 

vending at night prohibited 90 

Misrepresentation- 
advertisements during strikes, etc 102 

kind of labor employed 31, 32 

in the employment of labor 40 

Negligence of employees — 

on railroads 34, 35 

on steamboats 34 

Pay checks, must be negotiable- 108 

Photographs of employees, employers to pay for 210 

Plumbers- 
examination and licensing of 195, 205 

registration required 194 

Political activities of employees, interference with- 103 

Prison made goods, labeling 211 



INDEX. 



267 



Protection of employees— Page 

as members of labor organizations 38 

as members of the national guard 35 

as voters 29 

on buildings —35, 55, 104, 105 

Public buildings, contract work on, prohibited 12 

Public works — 

aliens, employment on 42 

bonds for contractors 196 

employees on 36 

hours of labor on 7, 36 

rates of wages on 195 

Quartz mines, mine regulations 25 

Railroad employees, intoxication and negligence of 34 

Railroads — 

negligence of employees on 34, 35 

hours of labor 202 

full crews 199 

Rates of wages of employees of state printing office 9 

Registration of factories, etc 100 

Road tax, employers chargeable 10 

San Francisco water front, laborers on 9 

Sanitation and ventilation of factories and workshops 66 

Sanitation of camps 106 

Scaffolding, erection of unsafe 35, 105 

Seamen, general provisions regarding 22 

Seasonal labor, payment of wages earned in — 110 

Semi-monthly pay day law 111 

county employees 217 

Servants, general provisions 21 

Service letters, public utilities to furnish 219 

Sex no disqualification for employment 8 

Shoddy, labeling of 99 

Smelting works, hours of labor in 192 

Spotters law 103 

State board of arbitration and conciliation 43 

State highways, convict labor on 68 

State printing office, rates of wages of employees 9 

Statistics- 
bureau of labor 92 

Japanese 91 

Steamboats, negligence of employees on 34 

Steam boilers, negligence of person in charge of 31, 32 

Street railways to be provided with brakes, etc 33 

Strikes, etc., advertisements during 102 



268 BUREAU OF LABOR STATISTICS. 

Page 

Taxable employees, employers to report names of 36 

Taxes, employers chargeable for road tax of employees 10 

Temporary floors, in construction of building's 104 

Termination of employment.: 20 

Time for meals in lumber mills 25 

Time of payment of wages 109, 111 

Time to vote to be allowed employees _ 9 

Tips, splitting with employer 213 

Toll bridges, for employees 10 

Towels, common use prohibited 218 

Trademarks of trade unions 11, 31 

Underground workings, hours of labor in 192 

Union button, unlawful wearing of 98 

Union card, unlawful using of 98 

Unions, trade-marks of 11, 31 

Vacations of state employees 193 

Volunteer service, compensation for 24 

Voting, protection of employees as 29 

Voting, time for 9 

Wages — 

assignment of 15 

attorney's fees in suits for 27 

county employees 217 

exemption of, from execution 27 

minimum, for women 8, 71 

pay checks, must be negotiable— , 108 

payment of in seasonal labor , 110 

payment in barrooms forbidden 39 

preferred in assignments, administrations, etc 27 

rates of, in state printing office 9 

rates of, on public works 195 

termination of employment 20 

time of payment 109, 111 

eight-hour law 101 

Weekly day of rest 101 

Wiping rags, sterilizing of__ : 197 

Women — 

eight-hour law, decision on .. 241, 250, 256 

minimum wage for 8, 71 

sex, no disqualification for employment 8 

Workmen's compensation insurance and safety act 113 



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